Madras High CourtWP(MD)/24886/2019disposed of

T.Arivuselvi v. The Superintendent Of Police

2019-11-25Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Writ Petition (MD) No.24886 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.11.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Writ Petition (MD) No.24886 of 2019 T.Arivuselvli ... Petitioner Vs 1.The Superintendent of Police, Sivagangai District Sivagangai 2.The Inspector of Police, Kallal Police Station Kallal, Sivagangai District

3. The Dean Sivagangai Medical College and Hospital Sivagangai ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a writ of Mandamus, to direct the respondents to provide the copy of Re-postmortem, Histopathology and Forensic Reports of petitioner's father M.Thirunavukkarasu except CD to the petitioner as Victim T.Arivuselvi For Petitioner : Mr.A.Arun For Respondents : Mr.K.Suyambulinga Bharathi No.1 to 3 Government Advocate(Crl.Side)

O R D E R

This writ petition has been filed for issuance of a writ of Mandamus, to direct the respondents to provide the copy of Repostmortem, Histopathology and Forensic Reports of petitioner's father M.Thirunavukkarasu except CD to the petitioner as Victim T.Arivuselvi

2. On persual of the record, it shows that on the complaint lodged by the petitioner, the second respondent registered a case in Crime No. 150 of 2019 for the offence under Section 174 of Cr.P.C. In this case the petitioner filed petition for transfer of https://hcservices.ecourts.gov.in/hcservices/ 1/2

Writ Petition (MD) No.24886 of 2019 investigation and the same was dismissed by this Court in W.P(MD) No.17919 of 2019 on 19.08.2019. Infact this case re-postmortem was conducted and that was videographed. Now the petitioner sought for Re-postmortem, Histopathology and Forensic Reports of the petitioner's father namely Thirunavukkarasu.

3. The learned Government Advocate(Crl.Side)would submit that investigation is still pending and waiting viscera report. Pending investigation the petitioner is not entitled to get those documents as sought for. However after completion of investigation the petitioner is entitled for the same.

4. However, after completion of investigation, the second respondent is directed to furnish the documents as sought for in this petition to the petitioner.

5. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) To 1.The Superintendent of Police, Sivagangai District Sivagangai 2.The Inspector of Police, Kallal Police Station Kallal, Sivagangai District

3. The Dean Sivagangai Medical College and Hospital Sivagangai 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.A. ARUN, Advocate ( SR-100867[F] dated 25/11/2019 ) Order made in W.P (MD) No.24886 of 2019 25.11.2019 aav SDS (13.12.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2