MURUGANANTHAM Vs. DIRECTOR GENERAL OF POLICE
LAWS(MAD)-2022-1-13
HIGH COURT OF MADRAS
Decided on January 31,2022

MURUGANANTHAM Appellant
VERSUS
DIRECTOR GENERAL OF POLICE Respondents




JUDGEMENT

- (1.)This case concerns posthumous justice-rendering justice to a child who set the criminal law in motion and who is now no more.
Events leading to the filing of this petition : -

(2.)"L" was a student studying in 12th standard in Sacred Heart Higher Secondary School, Michealpatti. She was also residing in St.Micheals Boarding, the hostel run by the school. She had been under the care of the institution since her 8th Standard. While so, on 9/1/2022, in the evening hours, when she was in the hostel, she consumed pesticide and began to vomit shortly thereafter. Finding her unwell, the hostel cook took her to a local nurse who administered injection and gave some tablets. "L" was still continually vomiting. The hostel authorities informed the petitioner who is her father about "L'" s condition. Immediately, the petitioner came to the hostel and took the child home. "L" did not disclose either to the hostel authorities or to her parents that she had consumed pesticide. "L" was given treatment for stomach pain. As her condition worsened, she was taken to a local hospital and thereafter admitted in Thanjavur Medical College Hospital, Thanjavur on 15/1/2022 at around 5.00 p.m. Dr.Soundarya found out the actual cause after examining her scan report.
(3.)Intimation was sent to Thirukattupalli police station from Government Hospital. On 16/1/2022 at around 09.30 a.m., a trainee S.I recorded the statement of the child. Crime No.40 of 2022 was registered for the offences under Ss. 305 and 511 of I.P.C. and Ss. 75 and 82(1) of the Juvenile Justice (Care and Protection of Children) Act 2015. On the same day, from 04.25 p.m to 04.50 p.m, the Judicial Magistrate No.1, Thanjavur recorded her statement after obtaining medical opinion from the duty doctor about her fitness. On 19/1/2022 at around 15.30 hours, the child passed away. Thereafter, alteration report was filed and investigation was taken over by the Inspector of Police, All Women Police Station, Thiruvaiyaru. On the next day, a video of the child alleging that the correspondent of the school spoke to her parents about conversion to Christianity was circulated in the social media. The petitioner also submitted a complaint by enclosing the said video to the Superintendent of Police, Thanjavur District. Since the identity of the victim was not suppressed in the video, Tanjore Police registered a criminal case in that regard. The Superintendent of Police held a press conference stating that the preliminary investigation conducted by the police ruled out the conversion angle. In this background, the father of the child filed this petition under Sec. 482 of Cr.P.C. seeking transfer of investigation.
Initial directions issued by the Court :-



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