PRISONERS RIGHT FORUM Vs. STATE OF TAMIL NADUCHENNAI

JUDGEMENT

(1.) This Criminal Original Petition has been filed challenging the order passed by the Court below dismissing the private complaint filed by the Sub Divisional Magistrate and Personal Assistant to the Collector, Chennai and for consequential reliefs.

(2.) The petitioner is a third party to the proceedings and the present petition is filed on the strength of the order passed by the Division Bench of this Court in W.P.No.7281 of 2016 dated 29.02.2016.

(3.) One Mr.Subramaniam, who was a prisoner, died on 04.04.2014, while he was in Judicial custody. An FIR came to be registered in Cr.No.1028 of 2004, under Section 176 of Cr.P.C., before the 4th respondent Police. Pursuant to the registration of the FIR, an enquiry was conducted by the Sub Divisional Magistrate and Personal Assistant to the Collector, Chennai, by virtue of PSO 151. Enquiry report was submitted before the District Collector and pursuant to the same, Government of Tamil Nadu vide its G.O.Ms.No.1821, dated 28.11.2007, decided to initiate criminal and departmental proceedings against respondents 5 to 7 based on the report filed by the Sub Divisional Magistrate.