S.PRIYANKA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner in this Writ Petition is seeking for a writ of mandamus to quash the endorsement dtd. 27/11/2018 issued by the 2nd respondent, whereby the 2nd respondent has stated that the body of the deceased has already been handed over to the petitioner and further investigation so far as conducting post mortem would not arise.

(2.) The petitioner is also seeking a direction to respondents No.1 to 3 to investigate the matter in respect of Smt. Gowri S stating that the petitioner wants to know whether the death of the petitioner's mother was natural or due to medical negligence and also to take action against the 4th respondent for keeping the dead body three days without reason in the custody of the hospital.

(3.) The brief facts of the petition are that the mother of the petitioner, one Mrs.Gowri S, aged about 60 years was admitted to M.S.Ramaiah Medical College Hospital-4th respondent herein and the mother of the petitioner was detected with lung infection and was in hospital from 13/10/2018 to 22/10/2018. The mother of the petitioner died on 22/10/2018. The petition states that as the 4th respondent did not hand over the dead body of the mother of the petitioner due to non-payment of medical bill, the petitioner lodged a complaint on 23/10/2018 before the 2nd respondent stating that the decease-mother of the petitioner died due to medical negligence and hence, post-mortem of the body is necessary and to hand over the body to the petitioner and investigate the matter. Since the police officer did not investigate the case, the petitioner filed WP (HC) No.101/2018 before this Court seeking direction to hand over the dead body of the deceased Gowri to the petitioner and to investigate the matter.