Madras High Court
The Inspector Of Police [L & O vs S.Manimuthu on 19 February, 2021
W.A(MD)No.426 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 19.02.2021
CORAM:
THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN
AND
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.A(MD)No.426 of 2020
and
C.M.P(MD)No.2934 of 2020
The Inspector of Police [L & O]
K.Pudur Police Station,
K.Pudur, Madurai.
... Appellants / 10th Respondent/10th Respondent
Vs.
1.S.Manimuthu
2.The Secretary to Government,
Health and Family Welfare Department,
Secretariat, St.George Fort,
Chennai – 9.
3.The Dean,
Government Rajaji Hospital and Madurai Medical College,
Madurai.
4.The District Collector,
Office of the District Collectorate Campus,
Madurai.
5.The Corporation Commissioner,
Office of the Madurai Corporation,
Madurai.
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W.A(MD)No.426 of 2020
6.The Deputy Director of Health Services,
Viswanathapuram,
Madurai -14.
7.The Officer in charge,
Urban Primary Health Centre,
K.Pudur, Madurai.
8.Dr.Shalini,
Urban Primary Health Centre,
K.Pudur, Madurai,
presently working at
Urban, Primary Health Centre,
Karisalkulam, Madurai.
9.Prema [Nurse]
Urban Primary Health Centre,
K.Pudur, Madurai,
presently working at
Urban Primary Health Centre,
Vandiyur, Madurai.
10.The Commissioner of Police,
Madurai City, Madurai.
... Respondents / Respondents/Writ Petitioner
PRAYER: The Writ Appeal is filed under Clause 15 of Letters Patent, to set
aside the order dated 26.02.2020 passed by this Court in W.M.P(MD)No.
23392 of 2019 in W.P(MD)No.27049 of 2019.
For Appellants : Mr.Mohammed Imran
for Mr.B.Anandan
For Respondent : Mr.Muthugeethaiyan
Nos.2,3,4,6,7 & 10 Special Government Pleader
For Respondent : Mr.R.Murali
No.3
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W.A(MD)No.426 of 2020
JUDGMENT
[Judgment of the Court was delivered by B.PUGALENDHI, J]
The writ appeal is filed as against the order of the learned Single
Judge passed in W.M.P(MD)No.23392 of 2019 in W.P(MD) No.27049 of
2019, dated 26.02.2020.
2.The writ petition has been filed for issuance of a writ of mandamus,
to direct the respondents 1 to 5, to provide / pay a compensation of a sum of
Rs.10 Lakhs towards the death of the petitioner's wife namely, Sakthikalai
due to the medical negligence of the respondents 6 to 8 and take appropriate
action against them within the time frame fixed by this Court, considering
the petitioner's representation dated 29.09.2019.
3.The writ petitioner's wife, namely, Sakthikali, was admitted for
delivery in the Urban Primary Health Centre, K.Pudur, Madurai,
on 14.09.2019 at 2.00 P.M and she died under suspicious circumstances, for
which, a criminal case has been registered in Crime No.496 of 2019, on the
file of the K.Pudur Police Station, on 15.09.2019. The petitioner claims that
his wife died in the Urban Primary Health Centre, K.Pudur, Madurai and she
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W.A(MD)No.426 of 2020
was not attended properly by the Nurse, who was there in the hospital and
subsequently, only 108 Ambulance was called and appellant's wife was
taken to the Government Rajaji Hospital, Madurai.
4.On 15.09.2019 inquest was conducted by the Sub Inspector of
Police, K.Pudur Police Station, Madurai and he prepared the inquest, as if
the deceased died in the 108 Ambulance on the way from the Urban Primary
Health Centre, K.Pudur, Madurai, to Government Rajaji Hospital, Madurai.
5.This Court on the available prima facie material that this appellant
attempted to safeguard the Doctor, who was working in the Urban Primary
Health Centre in K.Pudur at Madurai, has created records, as if, the writ
petitioner's wife died during transit and therefore, directed the
Commissioner of Police, Madurai City, Madurai, to initiate appropriate
departmental action against this appellant, being the Inspector of Police, E1,
Pudur (Law and Order) Police Station, Madurai City. Aggrieved over the
same, the present writ appeal is filed.
6.Heard the learned Counsel appearing for the appellant.
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W.A(MD)No.426 of 2020
7.Mr.Imran, learned Counsel for the appellant submitted that the place
of death of the writ petitioner's wife is not known to the appellant and the
accident register maintained by the Rajaji Government Hospital, Madurai
reveals that she was brought dead. The inquest in this case was conducted
by one Sundarapandian, Sub Inspector of Police. After completion of the
inquest and after examining witnesses, the said Sundarapandian, handed
over the files to the appellant on 16.09.2019.
8.The learned Counsel further submitted that the appellant is not
aware as to the exact place of death and that could be found out only after
completion of the investigation and after getting report from the experts.
There is absolutely no intention or any willful act in the matter of the death
of the writ petitioner's wife and the appellant has taken all the steps
earnestly pursuant to the registration of the FIR. Moreover, there is no
serious allegation against this appellant. Further, there is no relief sought for
as against the appellant either in the interim application or in the main relief.
Therefore, prayed for allowing this writ appeal.
9.This Court paid its anxious consideration to the rival submission
and perused the materials placed on record.
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W.A(MD)No.426 of 2020
10.Though a stand has been taken in the inquest that the deceased
died in 108 Ambulance on the way to the Government Rajaji Hospital,
Madurai from the Urban Primary Health Centre at K.Pudur, Madurai, the
statement and affidavit of the petitioner reveals that the wife of the
petitioner has developed some complications during the delivery time in the
Urban Primary Health Centre at K.Pudur, Madurai, but, she was attended
by the duty Nurse, which resulted in, death of the deceased.
11.This Court has also perused the Case Diary pertaining to Crime
No.496 of 2019, on the file of the K.Pudur Police Station, Madurai.
We have also perused the statement of the Nurse given to the Investigation
Officer, wherein, she claims that the patient did not co-operate for normal
delivery and she has also insisted to take the patient to some other hospital,
but the deceased family were adamant in taking her to the Government
Hospital. She only made arrangements to take the patient to the Government
Rajaji Hospital through 108 Ambulance. This report is quiet contrary to the
statement of the petitioner. The fact remains that the petitioner's wife died at
the tender age of 22, either in the hospital or on the way to the Government
hospital in the process of delivery.
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W.A(MD)No.426 of 2020
12.Based on the complaint of the writ petitioner, the Sub Inspector of
Police, K.Pudur Police Station, Madurai has registered a case in Crime
No.469 of 2019 under Section 174 CrPC. A reading of Sub Section 4 of
Section 174 CrPC, shows that the inquest in this case of nature, has be
conducted by any of the District Magistrate or Sub-Divisional Magistrate
and any other Executive Magistrate specially empowered in this behalf by
the State Government or District Magistrate.
13.But in this case, the Sub Inspector of Police of the appellant Police
Station, who registered the FIR has also conducted the inquest in this case.
In the complaint itself, the writ petitioner has pointed that the wife was
mishandled by the staff Nurse at the Urban Primary Health Centre in
K.Pudur at Madurai and though she was struggling with pain and bleeding,
she was not attended by the Doctor of the Centre. The Investigation Officer
has not collected the call details to ascertain, as to whether the Doctor of the
Urban Primary Health Centre, was informed about the condition of the
patient. However, the records are created, as if the patient died during
transit, whereas, the Attender of the 108 Ambulance has stated that while
the deceased was taken into the Ambulance, she was breathless and there
was no pulse and there is no proper investigation conducted in this regard.
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W.A(MD)No.426 of 2020
14.The appellant, being the Station House Officer has not paid due
attention in this case and allowed the investigation to be proceeded by the
Sub Inspector of Police. He should have visited the place of occurrence and
monitored the investigation. The manner in which, the records are created in
this case needs to be enquired by the Department and therefore, this Court is
not inclined to interfere with the orders of the learned Single Judge and
accordingly, the writ appeal is dismissed. No costs. Consequently, connected
miscellaneous petition is also dismissed.
[N.K.K., J.] [B.P., J.]
19.02.2021
dsk
To
2.The Secretary to Government,
Health and Family Welfare Department,
Secretariat, St.George Fort,
Chennai – 9.
3.The Dean,
Government Rajaji Hospital and Madurai Medical College,
Madurai.
4.The District Collector,
Office of the District Collectorate Campus,
Madurai.
5.The Corporation Commissioner,
Office of the Madurai Corporation,
Madurai.
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W.A(MD)No.426 of 2020
6.The Deputy Director of Health Services,
Viswanathapuram, Madurai -14.
7.The Officer in charge,
Urban Primary Health Centre,
K.Pudur, Madurai.
8.The Commissioner of Police,
Madurai City,
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W.A(MD)No.426 of 2020
N.KIRUBAKARAN, J.
AND
B.PUGALENDHI, J.
dsk
W.A(MD)No.426 of 2020
19.02.2021
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