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S.Nandhini @ Sadhana vs State Rep By on 22 April, 2019

1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.04.2019

CORAM:

THE HON’BLE MR.JUSTICE G.K.ILANTHIRAIYAN

W.P.No.11437 of 2019

S.Nandhini @ Sadhana … Petitioner
Vs.

1.State rep by
The Inspector of Police,
Sembiyam Police Station,
Chennai.
(Crime No.994 of 2018)

2.The Professor and HOD,
Department of Forensic Medicine,
Government Kilpauk Medical College and Hospital,
Chennai-600 010.

3.The Assistant Chemical Examiner to Government
and Deputy Director,
Forensic Sciences Department,
Kamarajar Salai,
Chennai-600 004.

4.The Scientific Officer and Analyst,
Forensic Sciences Department,
Kamarajar Salai,
Chennai-600 004.

5.Babu Amirthalingam …Respondents

PRAYER: Writ Petition filed under SectionArticle 226 of the Constitution of India,

praying for the issue of a Writ of Mandamus, to direct the respondent to

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produce the exhumation/post-mortem report of the deceased, in connection

with the registered case in Cr.No.994 of 2018 on the file of the respondent,

before the Jurisdictional Magistrate.
For Petitioner : Mr.G.B.Motcham
For RR1 to RR4 : Mr.C.Raghavan
Government Advocate (Crl.Side)
ORDER

By consent, the writ petition itself is taken up for final disposal.

2.This Writ Petition has been filed seeking for a direction to the

respondent to produce the exhumation/post-mortem report of the deceased,

in connection with the case registered in Cr.No.994 of 2018 on the file of

the1st respondent, before the Jurisdictional Magistrate.

3. The petitioner got married in the year 2016 at Chennai and

thereafter, she got settled in USA. The petitioner’s husband suspected her

fidelity, on account of which their marital life ran into rough weather. While

the petitioner came down to India during December 2017 to look after her

mother- in- law who was being treated for her illness, she stayed in the

matrimonial house at perambur. The petitioner’s mother-in-law passed away

on 09.02.2018 due to cardiac arrest. In continuation of this, the petitioner’s

husband filed a divorce petition on 14.03.2018 under Section 13(1)(ia), for

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cruelty, through a Power of Attorney, before the IV Additional Family Court,

Chennai, in H.M.O.P.No.1165 of 2018. The petitioner filed a petition on

09.05.2018 under SectionDomestic Violence Act before the Additional Mahila Court,

Egmore in DVC.No.65 of 2018 seeking for certain reliefs. The petitioner’s

husband filed a petition before this Court seeking a direction to the

respondent police to conduct forensic inquiry on his mother’s body.

Thereafter the case in Crime No.994 of 2018 came to be registered under

Sectionsection 174(3) Cr.P.C on 06.09.2018 against the petitioner and two others.

The respondent police carried out an exhumation procedure on 27.09.2018

in the presence of the Revenue Officials. But till date, the port-mortem

report has not been submitted by the 1st respondent police.

4. Heard the learned counsel appearing for the petitioner and the

learned Government Advocate (Crl.side) appearing for the respondents 1 to

4.

5.The learned Government Advocate (Crl.side) appearing for the

respondents 1 to 4 submitted that the body was sent for postmortem and

also produced the Report given by the Assistant Professor HOD,

Department of Forensic Medicine, Government Kilpauk Medical College and

Hospital, Chennai, dated 02.01.2019 which reads as follows:

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“Cause of death of Lalitha 65/F could not

be ascertained since the body was skeletalized

and the negative chemical analysis”.

The said Report is taken on file and record.

6. Considering the submissions made by the learned Government

Advocate (Crl.Side), and taking note of the Report submitted by Assistant

Professor HOD, Department of Forensic Medicine, Government Kilpauk

Medical College and Hospital, Chennai. Therefore, no further orders need to

be passed in this petition. Hence, the same is closed. No costs.

22.04.2019
Index:Yes/No
Internet:Yes/No
mpa
Note: Issue order copy on 24.04.2019

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To

1.The Inspector of Police,
Sembiyam Police Station,
Chennai.

(Crime No.994 of 2018)

2.The Professor and HOD,
Department of Forensic Medicine,
Government Kilpauk Medical College and Hospital,
Chennai-600 010.

3.The Assistant Chemical Examiner to Government
and Deputy Director,
Forensic Sciences Department,
Kamarajar Salai,
Chennai-600 004.

4.The Scientific Officer and Analyst,
Forensic Sciences Department,
Kamarajar Salai,
Chennai-600 004.

5.The Public Prosecutor,
High Court, Madras.

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G.K.ILANTHIRAIYAN, J.

mpa

W.P.No.11437 of 2019

22.04.2019

http://www.judis.nic.in

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