Today 18.11.2020 One Prema filed a direction petition before the Hon’ble High court of Madras praying for registration of FIR and for re-postmortem of her husband Mr.Selvamurugan’s body.
This matter came up for before Hon’ble Justice T.Ravindran and State was represented by State Public Prosecutor Mr.A.Natarajan and petitioner was represented by counsel Mr.P.Kumaresan.
Additional Superintendent Of Police, Neyveli filed an Counter Affidavit today and the State Public Prosecutor A.Natarajan informed the court that
• The Petitioners husband was arrested on a chain Snatching case. Based on the complaint given by Ms.Kaviya on 30.10.2020.
• The Petitioner’s husband was caught red handed by the public and police and brought to the Police Station. The petitioner’s husband is habitual Offender.
• On 30.10.2020 the husband of the petitioner to was remanded to Judicial Custody for 15 days by DM/JM-1 Neyveli. No complaints were made by him at the relevant time to the Hon’ble Judicial Magistrate . After remand the Petitoner’s Husband was sent to Sub Jail, Virudhachalam.
• The Petitioner is not having substantial records to prove that the Petitioner’s husband was illegally detained
• The Petitioner’s husband is having a history of epilepsy, on 04.11.2020 the Petitioner’s husband had suffered another Epilepsy and he was taken to Govt. Hospital, Virudhachalam, and subsequently after treatment the Petitioner’s Husband died in the hospital.
• The death of the Petitioner’s husband was while in Judicial Custody.
• For the Death of the Petitioner’s Husband an FIR in Crime No.2144 of 2020 in Crime No.176 1-A Cr.PC in Virudhachalam Police Station and the case was transferred to CBCID based on the Orders passed by the DGP, Tamilnadu.
• Based on the enquiry under 1761-A CrPC, Learned Judicial Magistrate-I, Virudhachalam is conducting enquiry.
• Learned Judicial Magistrate-I, Virudhachalam has conducted inquest in presence of the Petitioner and relatives and it has been recorded by the Learned Judicial Magistrate-I, Virudhachalam.
• Learned Judicial Magistrate-I, Virudhachalam has followed all the guidelines as prescribed under law
• The Post mortem was conducted based on the request given by Learned Judicial Magistrate-I, Virudhachalamand the post mortem was done in presence of the Learned Judicial Magistrate-I, Virudhachalam
• Post mortem was conducted as per National Human rights Commission Guidelines.
• Post mortem was conducted by qualified team of doctors and as per National Human rights Commission Guidelines.
• The Post mortem was done in day light.
• The Entire Post mortem was video graphed.
• Post mortem was done in presence of the Learned Judicial Magistrate- 1, Virudhachalam.
• Hence there is no grounds for repost mortem.
Hon’ble Justice after hearing the arguments, has directed the Learned Judicial Magistrate-I, Virudhachalam to consider the representation of the petitioner for the Re-Post Mortem under section 176 (1-A) 3 Cr.PC and pass orders and disposed Of the Direction Petition.