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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
D.BHARATHA CHAKRAVARTHY
A. Guruvammal – Appellant
Versus
Commissioner of Police Madurai City. – Respondent
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
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 th....
The court mandates an independent investigation in police encounter cases, emphasizing the need for thorough judicial oversight to uphold accountability and protect citizens' rights.
The police are mandated to register an FIR upon receiving information disclosing a cognizable offence, irrespective of the credibility of the information.
The court emphasized the importance of thorough examination of allegations before transferring an investigation to CBI and highlighted the petitioner's failure to register an FIR or seek remedy under....
The judgment emphasizes the constitutional right to a fair and just investigation, the duty of the police to act according to law, and the need for a balanced approach between individual rights and s....
Police encounters resulting in grievous injury necessitate strict adherence to established procedural guidelines to uphold accountability and protect constitutional rights.
A prior inquiry under Section 174 does not constitute an FIR, hence a second FIR can be registered based on new evidence, permitting continued investigation regardless of jurisdictional issues.
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