BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

RESERVED ON : 28.01.2022

DELIVERED ON : 31.01.2022

CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

Crl OP(MD)No.1344 of 2022

Muruganantham

... Petitioner

Vs.

1.The Director General of Police,

Police Head Quarters,

No.1, Radhakrishnan Salai,

Mylapore, Chennai – 600 004.

2.The Deputy Inspector General of Police,

Trichy Zone, Trichy.

3.The Superintendent of Police,

Thanjavur District, Thanjavur.

4.The Inspector of Police,

Thirukattupalli Police Station,

Thanjavur District. (Crime No.40 of 2022)

5.The Immaculate Heart of Mary Society

constituted by “The Roman Catholic

Congregation of the Order of Immaculate

Heart of Mary, Pondicherry”

Rep.by its Provincial

Rev.Dr.Sr.Rosari D/o.Palraj

... Respondents

(5^th respondent impleaded vide court

order dated 28.01.2022 in Crl.MP(MD)No.1250 of 2022)

Prayer: Criminal Original Petition filed under Section 482 of Cr.PC,

to transfer the investigation of Crime No.40 of 2022 from the file

of the fourth respondent to CBCID or any other independent

investigating agency under the supervision of the first respondent

and complete the investigation and file final report within a

stipulated period as may be fixed by this Court.

For Petitioner

: Mr.M.Karthikeya Venkatachalapathy

For Respondents

: Mr.T.Senthil Kumar,

1 to 4

Additional Public Prosecutor

For Intervenor

: Dr.Fr.Xavier Arulraj,

Senior Counsel,

for Ms.Amala Irudhaya Mary.

& Mr.Benitto

1/16

https://hcservices.ecourts.gov.in/hcservices/

ORDER

This case concerns posthumous justice-rendering justice to a

child who set the criminal law in motion and who is now no more.

Events leading to the filing of this petition : -

2.“L” was a student studying in 12^th standard in Sacred Heart

Higher Secondary School, Michealpatti. She was also residing in

St.Micheals Boarding, the hostel run by the school. She had been

under the care of the institution since her 8^th Standard. While so,

on 09.01.2022, in the evening hours, when she was in the hostel, she

consumed pesticide and began to vomit shortly thereafter. Finding

her unwell, the hostel cook took her to a local nurse who

administered injection and gave some tablets. “L” was still

continually vomiting.

The hostel authorities informed the

petitioner who is her father about “L”'s condition. Immediately,

the petitioner came to the hostel and took the child home. “L” did

not disclose either to the hostel authorities or to her parents that

she had consumed pesticide. “L” was given treatment for stomach

pain. As her condition worsened, she was taken to a local hospital

and thereafter admitted in Thanjavur Medical College Hospital,

Thanjavur on 15.01.2022 at around 5.00 p.m. Dr.Soundarya found out

the actual cause after examining her scan report.

3.Intimation was sent to Thirukattupalli police station from

Government Hospital. On 16.01.2022 at around 09.30 a.m., a trainee

S.I recorded the statement of the child. Crime No.40 of 2022 was

registered for the offences under Sections 305 and 511 of I.P.C. and

Sections 75 and 82(1) of the Juvenile Justice (Care and Protection

of Children) Act 2015. On the same day, from 04.25 p.m to 04.50 p.m,

the Judicial Magistrate No.I, Thanjavur recorded her statement after

obtaining medical opinion from the duty doctor about her fitness. On

19.01.2022 at around 15.30 hours, the child passed away. Thereafter,

alteration report was filed and investigation was taken over by the

Inspector of Police, All Women Police Station, Thiruvaiyaru. On the

next day, a video of the child alleging that the correspondent of

the school spoke to her parents about conversion to Christianity

was circulated in the social media. The petitioner also submitted a

complaint by enclosing the said video to the Superintendent of

Police, Thanjavur District. Since the identity of the victim was not