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W.P.No.13487 of 2022 D.BHARATHA CHAKRAVARTHY, J. This Writ Petition is filed for a Mandamus directing the respondents to enquire the cause of death of deceased Sangothi, son of Pormannan, aged about 60 years by conducting

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W.P.No.13487 of 2022
D.BHARATHA CHAKRAVARTHY, J.
This Writ Petition is filed for a Mandamus directing the respondents to enquire the cause of death of deceased Sangothi, son of Pormannan, aged about 60 years by conducting post-mortem by a team of Doctors and one of the Doctors of petitioner’s choice and also to videograph the post-mortem as per the guidelines of Human Rights Commission.
2. The case of the petitioner is that on 24.05.2022 at about 8.00 A.M, one Thonthi and Anandan came to the petitioner’s village looking for his father and they personally threatened that they will kill the petitioner’s father, if they caught hold of him. On the same day evening, at about 3.00 P.M, his father was found lying in Anandan’s agricultural field and there are visible external injuries on the head and all over the body. Immediately, a complaint is lodged by the petitioner in which he had categorically stated as follows:
“vdJ je;ij r’;nfhjpf;Fk; nkw;go 1k; egUf;Fk; Vnjh tpnuhjj;jpy; jfuhW Vw;gl;L ,d;W vjphpfs; ,UtUk; r’;nfhjpia bfhiy bra;Js;sdh;/ vdnt nkw;go vjphpfis miHj;J tprhhpj;J jf;f eltof;if vLf;Fk;go kpft[k; gzpt[ld; nflL;f;bfhs;fpnwd;/””
But, however, only a case under Section 174 of the Criminal Procedure Code (unnatural death) was registered in Crime No.212 of 2022. Therefore, the petitioner has rushed to this Court.
3. Per contra, Mr.A.Gokulakrishna, learned Additional Public Prosecutor would submit that taking note of the situation, the first respondent/Superior Officer himself is supervising the investigation personally. However, the petitioner is neither co-operating for conduct of the post-mortem of the body nor co-operating for conduct of the inquest and rushed to this Court protesting against the respondents. He would also submit that there is no any motive that the respondents 1 and 3 to protect the accused and they are ready to proceed further in the matter once the post-mortem is conducted and injuries are confirmed.
4. Mr.D.Ashok Kumar, learned Counsel for the petitioner, in reply, would submit that from the very beginning, the actions of the respondents 1 and 3 smacks suspicion and favouritism towards the accused and he would submit that as prayed for in the Writ Petition, one independent Doctor, by their choice, should also be there in the post-mortem and undertake that in the event of conduct of postmortem by a team of Doctors, the petitioner and the other relatives would also participate in the inquest proceedings so that the matter can be taken up further for a fair investigation.
5. I have considered both the said submissions and went through the records. The respondents are directed to file a counter in detail to the allegations made in the Writ Petition. In the meanwhile, I am inclined to pass the following interim order considering the urgency of the situation and facts and circumstances of the case:-
(i) The post-mortem of the deceased Sangothi shall be forthwith conducted by the Senior Assistant Professor and the Assistant Professor of the Tiruvannamalai Medical College Hospital along with a senior most Forensic Expert, Government Medical College, Mundiyampakkam, Villupuram and the entire post-mortem shall be videographed. The post-mortem report shall be prepared as early as possible within 24 hours from now and a copy of the report shall be handed over to the respondents 1 and 3 within a period of 48 hours thereafter and a copy shall be produced before this Court also;
(ii) Without awaiting further orders from this Court, the respondents 1 and 3 are expected to act in the manner known to law and proceed without wasting golden hours of the investigation;
(iii) It is needless to say that the petitioner and the other relatives shall also give their co-operation and participate in the inquest proceedings;
(iv) A status report along with the counter may be filed by the next hearing date of the case intimating the progress of the case.
6. List the matter on 06.06.2022.
26.05.2022
grs
Note: Issue order copy today (26.05.2022).
D.BHARATHA CHAKRAVARTHY, J.
grs W.P.No.13487 of 2022
26.05.2022

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