The court emphasized the necessity for independent investigations and adherence to procedural safeguards in police encounter cases, ensuring that the right to life is protected under Article 21 of the Constitution.

ORDER :

D. BHARATHA CHAKRAVARTHY, J.

A. The Petition:

This Criminal Original Petition is filed for a direction to the second respondent, namely, Inspector of Police, Theppakulam Police Station, Madurai, to register the First Information Report against the police personnel involved in the alleged encounter on 16.02.2010 based on the complaint given by the petitioner to the second respondent on the same day in C.S.R.No.102 of 2010 and direct the respondents to entrust the investigation to an independent investigation agency, like CBI and for other orders.

B. The Case of the Petitioner:

2. The case of the petitioner is that in the wee hours, on 14.02.2010, six policemen, in plain clothes, entered her house enquiring about the whereabouts of her son – Murugan @ Kallumandaiyan, aged 26 years. They took her, one Mani, her daughter Dhanalakshmi, her son- in-law Arulanandam @ Selvam, and her grandson Kalaivendan, in a police vehicle to the office of the Assistant Commissioner of Police, Crime Branch and they were assaulted and tortured. Later they took all of them to Thimmapuram Village, near Kariapatti and kept them in a van in a place called “Pirakaraikadu” and abused and beat them till 10.00 O' clock in the morning. Upon information, her son Murugan @ Kallumandaiyan surrendered himself before the police party and they took him in their custody. After that, all the others, including the petitioner was dropped at the South Gate Police Station, after getting their signatures in some papers.

2.1 On 16.02.2010, around 12.30 noon, the special police party under the leadership of the Assistant Commissioner, viz., Mr.Velladurai shot and killed her son Kallumandaiyan and another person namely Kaviarasu, near check post in new Ramanathapuram road within the limits of Theppakulam Police Station and the Theppakulam Police filed a First Information Report in Crime No.244 of 2010 for the offences under Sections 332 , 324, 307 I.P.C r/w. Section 174 Cr. P.C, concerning the death of the above two persons. Upon hearing that the police killed her son in a fake encounter, the petitioner preferred a complaint before the second respondent to file a case under Section 302 I.P.C against the police party, involved in the said crime. However, the complaint was refused to be received. On 17.02.2010 even when post post-mortem was conducted, the petitioner insisted on registration of F.I.R. However, only C.S.R No.102/2010 alone was issued to the petitioner. According to the petitioner, one Mr Velladurai - Assistant Superintendent of Police, Madurai City, Mr Thennarasu, Sub Inspector of Police, and Mr Ganesan, Head Constable, are involved in the fake encounter. She sent several representations, including the representation to the State Human Rights Commission. Since no independent First Information Report was registered and the procedure as laid down by the National Human Resource Commission and the various guidelines as mandated by the Hon'ble Supreme Court in various decisions are not followed, the present petition is filed.

C. The Version of the Officer Concerned:

3. The first information report is registered on complaint by the Police Officer concerned. This apart, an additional typed set of papers is also filed, wherein, the counter affidavit filed by the said S.Velladurai, in a connected Crl. O.P.(MD)No.2078 of 2010 is also produced. As per the first information report as well as the above counter affidavit, it is the case of the said Mr. Velladurai that on the fateful day, ie.16.02.2010 at about 12.15 hours, he was in the vehicle checkup, in the usual course and at that time, two persons came from East to Madurai in a Hero Honda bike, the Sub Inspector of Police - Mr Thennarasu along with 617- Head Constable – Mr Ganesan intercepted the Hero Honda bike, which came towards Madurai. The rider of the above bike lost his control and slipped down on the spot of the check post. The Sub Inspector of Police – Mr Thennarasu came to know that the slipped persons were the