THAVAMALAR Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) THE above Criminal Original Petition has been filed by the petitioner to direct the respondent police to register a case under Section 302 IPC in Crime No,438 of 2003 on the file of theInspector of Police, Shastri Nagar, Chennai.

(2.) IT is alleged that the petitioner had filed an affidavit stating that her cousin brother, Soori @ Sooriisekaran, son of Mayilvaganam, aged about 43 years, was illegally taken into the custody by Directorate intelligence officer, N.C.B, Chennai on 08.06.2003 at 5.30 a.m, where the petitioner's cousin brother was systematically tortured. Due to unbearable torture, the detenue died. The respondent police registered a case under Section 176 Cr.P.C, as if there was a suicide in police lock up. As alleged by the petitioner, the case is attracted only under Section 302 IPC ie., murder. The respondent showing misplaced sympathy to the NCB, registered the case as suicide.

(3.) THE petitioner cited the below mentioned citations in support of her case.