Vincent, S/O. Arulappan, v. The Superintendent Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.02.2020
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.2111 of 2016 and W.M.P.(MD)No.1836 of 2016 Vincent ... Petitioner Vs.
1.The Superintendent of Police, Kanyakumari District.
2.The Deputy Superintendent of Police, Colachel, Kanyakumari District.
3.The Inspector of Police, Pudukadai Police Station, Kanyakumari District.
4.The Special Sub Inspector of Police, Pudukadai Police Station, kanyakumari District.
5.The Inspector of Police, Karungal Police Station, Kanyakumari District.
6.The Inspector, Central Bureau of Investigation (CBI), Chennai. ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to transfer the investigation pending in Crime No.424 of 2015 on the file of the Inspector of Police, Pudukadai Police Station, Kanyakumari, third respondent herein, under investigation by the fifth respondent herein to the Inspector of Police, Central Bureau of Investigation, Chennai, to the sixth respondent herein for fair and speedy investigation within a reasonable time.
For Petitioner : MrS.Russel Raj For Respondents : Mr.A.Robinson Government Advocate (Crl.side)
ORDER
Heard the learned counsel on either side.
2.The petitioner is a resident of Pulinindravilai, Munchirai, Kanyakumari District. According to him, when he was at his residence along with his aged mother Nesammal, Sister Victoria and her Son Ajin, a team of Police officials came to his house. It appears that the petitioner's nephew Ajin had come under the adverse notice of police and that, they had come to arrest him. It appears that the arrest was resisted and some scuffle also occurred.
3.The petitioner's specific allegation is that the four member police team assaulted his 76 years old mother Nesammal resulting in her death. He would further allege that his initial complaint lodged before the Pudukadai Police Station was suppressed. The petitioner, therefore, gave a representation dated 19.10.2015 to the Superintendent of Police, Kanyakumari District. Based on the complaint of the petitioner, Crime No.424 of 2015 was registered on the file of the Pudukadai Police Station. Seeking transfer of investigation, this writ petition came to be filed. 4.When the matter was taken up for final disposal, the learned Government Advocate (Crl.side) submitted that the matter was enquired into and final report has since been filed closing the case as FAD (Further Action Dropped).
The stand of the respondents is that when the police team from Pudukadai Police Station went to the house of the petitioner for conducting an enquiry, his nephew Ajin tried to escape from the spot. The respondents would allege that the petitioner's mother Nesammal and sister attacked police and also used filthy language, so that, they could facilitate Aswin to escape. In the ensuing scuffle, the petitioner's mother fell down and she was taken to Hospital. She died enroute. The Police Surgeon/Professor of Forensic Medicine, Kanyakumari Medical College, Nagercoil, has given opinion that the injuries found on the body of the deceased was more due to scuffle and that, her eventual death was more due to old age and shock. It was also noted that there was a block in her cardiac vessel.
Therefore, the stand of the police is that death of Nesammal was not on account of any police attack. They would further point out that the defacto complainant was not even present at the time of occurrence. The respondents have completely denied the version projected by the petitioner.
5. I carefully considered the rival contentions. It is not in dispute that a team of police from Pudukadai Police Station had gone to the house of the petitioner on 19.09.2015 and that, a scuffle had taken place. It is again not in dispute that the petitioner's mother died on the said date. The petitioner would claim that his mother Nesammal died on the spot. Whereas, the respondent would claim that she died while being taken to the Hospital. But the fact
remains that the petitioner's mother was brought dead to the hospital. It is true that the second opinion given by the police surgeon is in favour of the respondents. But then, the accident register dated 17.09.2015 issued by the medical officer, Kuzhithurai Government Hospital, mentions the presence of certain minor injuries on the body of Nesammal. The final opinion dated 11.04.2016 given by the Professor of Forensic Medicine indicates that the deceased appear would have died blunt injury on the abdomen. The petitioner has levelled the allegations against the police personnel of Pudukadai Police Station. In the very nature of things, an investigation by the local police will not inspire any one's confidence. Therefore, I direct the Inspector of Police, CBCID, Nagercoil, to conduct investigation in the matter and file a final report within a period of twelve weeks from the date of receipt of a copy of this order. The first respondent shall ensure that all the papers are handed over to the Inspector of Police, CBCID, Nagercoil, without delay.
6.The writ petition stands allowed on these terms. Consequently, connected miscellaneous petition is closed. No costs.
Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) To 1.The Superintendent of Police, Kanyakumari District.
2.The Deputy Superintendent of Police, Colachel, Kanyakumari District.
3.The Inspector of Police, Pudukadai Police Station, Kanyakumari District.
4.The Special Sub Inspector of Police, Pudukadai Police Station, kanyakumari District.
5.The Inspector of Police, Karungal Police Station, Kanyakumari District.
6.The Inspector, Central Bureau of Investigation (CBI), Chennai.
7.The Inspector of Police, CBCID, Nagercoil.
8.The Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.R.RUSSEL RAJ, Advocate ( SR-5968[F] dated 12/02/2020 ) W.P.(MD)No.2111 of 2016 and W.M.P.(MD)No.1836 of 2016 12.02.2020 SDS (16.06.2020) 4P-10C