LAWS(MAD)-2011-2-32

HASAN AMMAL Vs. STATE OF TAMILNADU

Decided On February 11, 2011
HASAN AMMAL Appellant
V/S
STATE OF TAMIL NADU Respondents

JUDGEMENT

(1.) This petition has been filed by the Petitioner seeking a direction to be issued to the Respondents 1 and 2 to constitute a team headed by an I.P.S. Officer to conduct further investigation in crime No. 391 of 2006 on the file of the Inspector of Police, Kadayanallur Police Station, Tirunelveli District, which is pending at the stage of P.R.c. No. 58 of 2009 on the file of the learned Judicial Magistrate, Tenkasi.

(2.) Heard Mr. Rathinam, learned Counsel appearing for the Petitioner and Mr. L. Murugan, learned Counsel appearing for the Government Advocate and Mr. Siva Ayyappan, counsel for the intervenor/A6 and Mr. C. Emalias, learned Counsel for A2 and A3 and Mr. R. Anand, learned Counsel for A4 and A5 in P.R.C. No. 58 of 2009 pending on the file of the learned Judicial Magistrate, Tenkasi

(3.) The learned Counsel appearing for the Petitioner would submit in his argument that the Petitioner is the wife of one Mohammed Mazooth, who was murdered by the police personnel in custody and hence, she filed the present petition seeking for a direction against the Respondents 1 and 2 to constitute a team headed by an I.P.S. Officer, to conduct further investigation in crime No. 391 of 2006 on the file of the Inspector of Police, kadayanallur Police Station, which is now pending in P.R.C. No. 58 of 2009 on the file of the learned Judicial Magistrate, Tenkasi and also to direct the 1st Respondent to pay a just and reasonable amount not below a sum of Rs. 10 lakhs as compensation for the murder of the said Mohammed Mazooth by the police personnel to the family of the deceased and also to provide suitable rehabilitation measures towards the financial assistance and for the education of the children of the deceased and for other reliefs. He would further submit in his argument that the investigation was carried on by the 3rd Respondent for completing the investigation, who created sufficient loop holes in the charge sheet in order to aid and support the accused police personnel. He would further submit that the accused 1 to 3 are enjoying the State powers as A.D.S.P. and D.S.P.