MAHESWARI Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) A student, namely, Jayakumar, aged 16 years (D.O.B.:23.07.1994), son of the petitioner, Tmt.Maheswari, W/o Paramasivam, had committed suicide by setting himself ablaze by pouring kerosene on him on 19.10.2010.

(2.) The alleged reasons behind the suicide, according to the petitioner, as narrated in the writ petition, in brief, are as follows:

(3.) According to the petitioner, her son committed only due to the torture done by the police officials of the 6th respondent and hence, they were the abettors who abetted her son to commit suicide. The petitioner lodged a complaint, which was registered in Crime No.193 of 2010 under Section 174 Cr.P.C. According to the petitioner, the case should be registered under Section 306 IPC, but in order to escape from the criminal liability, the respondent police registered the same under Section 174 Cr.P.C., as if it was a suspicious death. Being aggrieved, the petitioner sent a representation dated 22.10.2010 to Chair Persons, National Human Rights Commission, New Delhi and State Human Rights Commission, Chennai, the Chief Secretary to Government, Government of Tamil Nadu and the respondents 1 to 5 for taking appropriate action against the erring police officials. Since no action has been taken and having apprehended that the 6th respondent police officials would not conduct the investigation properly, finding no other alternative, the petitioner has come forward with the present writ petition, praying for the issuance of Writ of Mandamus, to direct the respondent No.2 to withdraw the case in Crime No.193 of 2010 on the file of the respondent No.6 relating to the suicide of the petitioner's son namely, Jayakumar, aged 17 years and entrust the same to the respondent No.3 for proper investigation, consequently to direct the 3rd respondent to depute a competent police officer to investigate the case in Crime No.193 of 2010 afresh and file charge sheet before the jurisdictional Magistrate within the time stipulated by this Court and also direct the respondent No.1 to pay Rs.5,00,000/- compensation to the petitioner for the death of her son.