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2016 Supreme(Mad) 498
IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. JAICHANDREN, S. NAGAMUTHU, JJ.
P. Pugalenthi - Petitioner
Vs.
State of Tamil Nadu, represented by the Secretary to Government & Ors. - Respondents
W.P. No. 25743 of 2010
Decided On : 09-02-2016
Advocate Appeared:
For the Petitioner: Mr. M. Radhakrishnan
For the Respondents 1 to 6: Mr. S. Shanmugavelayutham Public Prosecutor
Headnote:
Arms Act - Section 25(B)(1)(a) - Indian Penal code,1860 - Sections 224 r/w 511, 353, 332, 506(ii), 307 – Criminal Procedure Code,1973 - Section 176(1)(A) - Culpable homicide - Cognizable case - Prisoners Rights Forum - When vehicle was crossing compost yard of Coimbatore Corporation on road allegedly snatched pistol of Sub-Inspector and placed it at head of Head Constable-cum-driver and ordered him to drive towards - When driver failed to stop he opened fire in which sustained an injury in his right arm while a bullet pierced stomach of Sub-Inspector - Immediately fired two shots in head of accused and Inspector opened fire at chest causing his instant death - City Police Commissioner said police opened fire to prevent accused from killing police personnel and to foil his attempt to escape from custody - Held, As has been already held by Honble Supreme Court in Commissioner of Police reported in 1985 if learned Magistrate is of view that negative final report needs to be accepted before taking such a decision he has to issue a notice to defacto complainant and in such an event he shall be entitled for filing a protest petition and on receipt of protest petition how learned Magistrate has to proceed further has been extensively dealt with in said judgment - Therefore court do not want to go further in detail - Court quote this judgment only for the purpose of demonstrating the fallacy of arguments of learned counsel for petitioner that police officer investigating case cannot conclude that act of assailants falls under any one of general exceptions dealt - Writ Petition Dismissed.
S. Nagamuthu, J.
The petitioner is the Director of a registered public Trust known as "Prisoners Rights Forum, Chennai". According to him, the objects of the Trust are to create law awareness among the prisoners and to help them to enforce their human rights, Constitutional rights and the other legal rights.
According to him, there appeared a news item in "The Hindu" daily on 10.11.2010, which reads as follows:-
"On Monday (November 8), the police took custody of the accused for investigation. On Tuesday morning, the police took both of them from the Saravanampatty police station at 5.30 a.m. for identification of the places where they committed the offence.
They were escorted by Inspectors Kanagasabapathy and Annadurai besides Sub-Inspectors Muthumalai and Jothi.
Manoharan was taken in the first vehicle and Mohanraj in the second vehicle.
When the vehicle was crossing the Vellalore compost yard of the Coimbatore Corporation on the Podanur-Vellalore road, Mohanraj allegedly snatched the pistol of Sub-Inspector Jothi and placed it at the head of the Head Constable-cum-driver Annadurai and ordered him to drive towards Kerala. When the driver failed to stop, he opened fire in which Jothi sustained an injury in his right arm, while a bullet pierced the stomach of Sub-Inspector Muthumalai.
Immediately, Muthumalai fired two shots in the head of the accused and Inspector Annadurai opened fire at the chest causing his instant death.
City Police Commissioner C. Sylendra Babu said the police opened fire to prevent the accused from killing the police personnel and to foil his attempt to escape from custody."
On going through the said news item, according to the petitioner, he suspected some foul play. But the Commissioner of Police, gave interview to the press that the police opened fire and killed the accused Mr. Mohanakrishnan @ Mohanraj @ Raja with a view to prevent him from killing the police personnel and to foil his attempt to escape from the custody of the police. According to the petitioner, in respect of the killing of Mr. Mohanakrishnan @ Mohanraj @ Raja the police ought to have registered a case under Section 302 I.P.C., investigated the same, resulting in a logical conclusion. In this regard, according to the petitioner, there are even guidelines issued by the National Human Rights Commission on 08.08.2007, wherein, the National Human Rights Commission has stated that whenever a specific complaint is made against the police alleging commission of a criminal act on their part, which makes out a cognizable case of culpable homicide, an FIR to that effect must be registered under appropriate Sections of IPC. Such case shall invariably be investigated by State CB-CID. In this regard, the petitioner forwarded a complaint on 09.11.2010, to the respondents 1 to 3 but no case has been registered so far against the police personnel involved in the killing of Mr. Mohanakrishnan @ Mohanraj @ Raja, is his grievance. Therefore, he has come up with this writ petition seeking a direction to the first respondent to register a case under Section 302 I.P.C. against the respondents 5 and 6 who are involved in the killing of Mr. Mohanakrishnan @ Mohanraj @ Raja S/o. Radhakrishnan and to entrust the investigation of the said case to the C.B.I.
2. The 4th respondent/Commissioner of Police, Coimbatore city has filed a detailed counter, wherein, he has stated, inter alia, that on 29.10.2010 at about 10.45 a.m. one Vijay Kumar Jain, a wholesale merchant in Textiles lodged a complaint with the B-8 Variety Hall Road Police Station alleging that his brother's children of tender age viz., Muskan (girl 10 years) and Rithik (boy 7 years) had been kidnapped while on their way to school. On the said complaint, a case was registered on the file of the B-8 Variety Hall Road Police Station in Crime No.1461/2010 under Section 363 IPC and the same was taken up for investigation immediately.
3. During investigation, it came to light that both the children used to go t
