Chennai: The Madras high court has dismissed an application which sought to review its earlier order, dismissing a petition seeking direction to the state home secretary to register a case of murder against two police personnel allegedly involved in the encounter killing of Dindigul Pandi in 2010.
A Division Bench comprising Chief Justice Sanjay Kishan Kaul and Justice M.M. Sundresh dismissed the application filed by P. Pugalenthi, director, Prisoners’ Rights Forum, which sought to review its order of March 3 last year.
The court said admittedly the writ petition was filed by the applicant based on a newspaper report. Thus, the prayer was declined after finding there was no material to hold that an offence had been committed by the then two Inspectors.
It was held the applicant, not being in possession of requisite facts, on a complaint given by the injured police personnel, they cannot be charged for the offence under section 300 IPC. Thus, the submissions by M. Radhakrishnan, applicant’s counsel cannot be accepted, the Bench said.
The court said as there was no factual premise, there was no necessity to consider the compliance under section 176 (1-A) of Cr.P.C. (enquiry by magistrate into the cause of death).
“We cannot presume that the deceased died during the police custody. There is no basis to hold that the deceased was in police custody.”
