JOTHI BAI Vs. STATE

JUDGEMENT

(1.) THIS is a petition under Sec.482 of the Code of Criminal Procedure by the two accused in C.C.No.11584 of 1986 on the file of the 14th Metropolitan Magistrate, Egmore, Madras, to call for those records and quash the same.

(2.) THE 1st petitioner is working as Nurse in the Maternity Hospital for Women and Children, Egmore, Madras and her husband the 2nd petitioner is working in the Government Press, Madras. THEy have no children of their own. THE 2nd respondent Ambujammal, who had been impleaded as per the order of this Court dated 8.9.1988 in Crl.M.P. No.5389 of 1988 is the elder sister of the first petitioner�s mother. She is a resident of Tiruchirapalli. She had an adopted son by name Rajasekar alias Sekar. About two years ago, the said Rajasekar came to Madras and stayed with the petitioners. He was studying Siddha Medicine at the Anna Hospital, Madras.

(3.) SUBSEQUENTLY, on the same night, the 2nd respondent came and took part in the second day ceremonies. She was informed of the happenings on 12.2.1986, about the disposal of the dead body etc. The 2nd respondent did not express any suspicion about the death of Rajasekar till she left for Tiruchirapalli after a few days. After a lapse of seven months on 26.9.1986 the 2nd respondent lodged a complaint before F-2, Egmore Police Station suspecting foul play in the death of her adopted son Rajaksekar and requesting enquiry to be conducted in this regard. The Inspector of Police, Egmore, who conducted an enquiry found that there is only fault on the part of the petitioners in not reporting the suspicious death of Rajasekar to the police immediately and as such, they are liable to be prosecuted for such lapse under Sec.176, I.P.C. Sec.176, I.P.C. being a non-cognizable one, after obtaining permission from the Chief Metropolitan Magistrate, Egmore, Madras, to investigate the case, the Inspector of Police investigated the case and filed charge-sheet against the petitioners before the 14the Metropolitan Magistrate, Egmore, Madras, as under: