S. PONGULALI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The Writ Petition has been filed to direct the respondentState of Tamil Nadu to register a case under Sec. 302 of IPC against the respondent No.6 and all other police personnel responsible for the death of the petitioner's son Nithya @ Nithyaraj and to hand over the investigation of the case in Cr.No.2 of 2017 on the file of the respondent No.8, to the Central Bureau of Investigation and further directing the respondent - State to award appropriate compensation to the petitioner for the death of her son.

(2.) The learned counsel appearing for the petitioner submitted that the son of the petitioner was a member of 'Friends of Police' attached to K2, Ayanavaram Police Station, Chennai. While being so, on 11/1/2012 the police personnel of K7 ICF Police Station had taken the petitioner's son (herein after called as "the deceased") to the police station. Next day i.e., on 12/1/2012, when the petitioner went to the police station and enquired about him but she was not allowed to see her son. The deceased was kept under police custody from 11/1/2012 to 14/1/2012 and he was produced before the learned Magistrate on 14/1/2012, in pursuant to the FIR registered in Crime No.24 of 2012 for the offences under Ss. 420 & 392 of IPC.

(3.) The learned Government Advocate (Crl. Side) appearing for the respondent police filed status report and submitted one Dinesh lodged complaint that on 12/1/2012, while he was talking with her lover, the deceased came there and threatened them and snatched the cell phone. On that complaint, the six respondent registered a case in Crime No.24 of 2012 and searched for the deceased. Further on seeing the witnesses, the deceased ran away and he scaled over a compound wall and jumped and fell down in which he sustained injuries. With those injuries the deceased escaped from the spot and took treatment in a hospital at Ayanavaram and thereafter the complainant and his family members had brought him to K7 ICF Police Station.