N kirubakaran judge prison full order for police add pp prabavathy

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[8/20, 20:49] Sekarreporter 1: H.C.P.No.1991 of 2018
PRAYER: Criminal Miscellaneous Petition is filed under Section 226 of the
Constitution of India, praying to conduct Judicial Enquiry about the “Custodial
Assault” happened on 16.07.2020 to the petitioner’s husband namely,
Mr.Dhanakanthan, convict prisoner (CT No. 15248), aged about 42 years, in
Central Prison, Cuddalore in H.C.P. No. 1991 of 2018.
For Petitioner : Mr.R.Chakkaravarthy
For Respondents : Mrs.M.Prabavathi,
Additional Public Prosecutor
O R D E R
(Order of the court was made by N.KIRUBAKARAN,J.)
The matter is heard through “Video Conferencing”.
2.As per the earlier order of this Court dated 14.08.2020, the convict has
been produced before the PIMS Hospital, Puducherry. On examination it was
observed as follows:
“X-ray findings: Cervical Spine X-ray showed good
fusion mass seen C3-C6 posteriorly implants in
position and holding well.
MRI Cervical Spine: Screening showed adequate
decompression of the Cerical Cord with good cord
expansion. Anterior CSF flow restored
Opinion: Clinically and Radiologically features
suggestive of recovering cervical myelopathy. There is
no compressive element in the present MRI screening.
Hence there is no surgical intervention required at the
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[8/20, 20:49] Sekarreporter 1: H.C.P.No.1991 of 2018
moment. He is adviced Physiotherapy and
strengthening exercise for upper limb. Patient does not
need in-patient care for Physiotherapy”
3.In the F.I.R. filed against the convict by the Prison Authorities, it has been
stated that the convict has assaulted himself using stone, whereas the contention of
the petitioner is that her husband was assaulted by the Prison Authorities and
deliberately they foisted a case against him. Admittedly there are wounds on the
petitioner’s husband and that have resulted only at the time of imprisonment.
Therefore, The Principal District Judge, Cuddalore is directed to visit the prison,
examine the convict and others and file a report with regard to the assault made on
the petitioner’s husband. The typed set of papers filed in this case and the earlier
order passed by this Court on 04.08.2020 and the copy of medical report submitted
by PIMS Hospital, Puducherry shall also be made available to the learned Principal
District Judge, Cuddalore.
4.This Court appreciates the PIMS Hospital, Puducherry for having executed
the direction issued by this Court on 04.08.2020.
Call the matter after two weeks.
(N.K.K.,J.) (V.M.V.,J.)
18.08.2020
krk
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[8/20, 20:50] Sekarreporter 1: [8/20, 20:48] Add Pp Prabavathy: Further order directed the DJ to conduct prison visit and give report reg assault
[8/20, 20:50] Sekarreporter 1: Nkj bench

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