SAROJA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner was married to one Arumugham in the year 1971. The petitioner has a son aged 11 years, two daughters aged 8 and 5 years respectively. It is stated that the petitioner was working under the 7th respondent on daily wages of Rs.22/-. On 2-3-1986, the petitioner was told that her husband had sustained serious injuries on account of a fall in the premises of the 6th respondent. The petitioner rushed to the spot and found that her husband was in a serious condition. She and others had taken her husband to the Stanely Hospital and on the morning of 3-3-1986, her husband passed away.

(2.) It is the case of the petitioner that her husband had been murdered and her complaint to the Police had not been properly investigated. She had not been informed about the findings of the investigation as required u/ S. 154(2) Cr.P.C. It is under these circumstances, she approached the Tamil Nadu State Legal Aid and Advice Board as a result of which, the writ petition has been filed. The petitioner seeks for a writ mandamus to direct the 5th respondent herein viz., Central Bureau of Investigation, Madras-6 to conduct the investigation into the death of the petitioner's husband.

(3.) On notice of motion, Mr. B. Sriramulu, learned counsel appearing for the 5th respondent places before me the proceedings of the Department of Personnel, Cabinet Secretariat, Government of India, dated 5-6-1972. The following passage in the said proceedings is relevant :