HASAN AMMAL Vs. STATE

JUDGEMENT

(1.) THIS writ petition is filed seeking compensation for the death of the husband of the petitioner in the police custody.

(2.) THE facts as averred in the affidavit filed in support of the writ petition are as follows: The petitioner and her husband Mohammed Masud were the resident of Kadiyanallur, Thenkasi Taluk, Tirunelveli District. The Kadiyanallur police officials took the husband of the petitioner on 28.11.2005 at 4.00 p.m. from his residence. He was handed over by the Kadiyanallur Police to the Aralvoimozhi Police officials. The Kadayanallur Police officials also took in custody her brother and her sisters's husband at 12 0' clock midnight on the same day. Later, they were sent to Aralvoimozhi Police Station. The Inspector of Aralvoimozhi Police Station obtained a statement forcibly by threatening them. The petitioner was not aware of the contents of the statements. On 29.11.2005 at about 9.00 p.m. they were sent back to home. But, they did show the husband of the petitioner. When the petitioner asked about her husband, they informed that they would send him back safely. But, her husband did not reach home after he was taken by the Kadayanallur Police at 4.00 p.m. on 28.11.2005.

(3.) IN view of the representation made by the petitioner to higher officials about the illegal custody of the husband of the petitioner and nothing fruitful came out from the investigation in Cr. No. 391 of 2006, the Director General of Police, Chennai transferred the case in Cr. No. 391 of 2006 to CBCID for investigation. There was a breakthrough in the investigation conducted by the CBCID. They enquired lot of witnesses and they filed a report before the Court of Judicial Magistrate, Thenkasi seeking alteration of First Information Report in Cr. No. 391 of 2006 from man missing to one under Sections 342, 344, 193, 218, 302, 506(h), 201 IPC read with. 34 IPC.