HON’BLE SRI JUSTICE R. KANTHA RAO CRIMINAL PETITION NO.8893 OF 2010 DATE: 06-10-2010 BETWEEN: D.C. David. - - - Petitioner/ De-facto complainant. AND The Superintendent of Police, District Nellore, and three others. - - - Respondents. This Court made the following : HON’BLE SRI JUSTICE R.KANTHA RAO CRIMINAL PETITION NO.8893 OF 2010 ORDER: This Criminal Petition is filed by the petitioner under Section 482 Cr.P.C., seeking a direction to the respondents to conduct re-post mortem examination on the dead body of the petitioner’s son, by name D.C. Rajkumar @ Anthony Raj Kumar, by a senior Government Postmortem Surgeon, at Government General Hospital, Chennai, after exhuming the dead body. Heard Sri N. Ravi Prasad, learned counsel appearing for the petitioner and the learned Additional Public Prosecutor representing the State. The brief facts are that, the son of the petitioner/de-facto complainant, by name D.C. Raj Kumar @ Anthony Rajkumar, was found missing from 23-03-2010 and ultimately on coming to know that his son was in a serious condition, the petitioner and his daughter rushed to Mangalapuram along with one Tirupal of Nellore district and on noticing that the petitioner’s son found dead, he was shocked. The said Tirupal informed the petitioner that his son fell into a ditch and died because of drowning. But, the petitioner found external injuries on the dead body of the deceased and also noticed bleeding from his mouth, ears, nose and his tongue was protruded. He also noticed some head injuries. Thereafter the body was sent for postmortem examination by the police and the postmortem was conducted on 25- 03-2010 at about 09-30 p.m. without the petitioner’s knowledge. Then the dead body was taken to Chennai on 26-03-2010 through an Ambulance bearing registration No.TN 09 3393. It is submitted on behalf of the petitioner that his son was a swimmer and he also received some prizes in swimming and as such it is absolutely false to say that his son died because of drowning. The petitioner strongly believes that his son was murdered, but the postmortem report did not disclose any injuries, which were noticed by him, and his contention is that the contents of the postmortem report are not correct and deliberately injuries though found, were not mentioned in the postmortem report. Therefore, in the above said circumstances, the petitioner seeks re-postmortem examination of the dead body. The learned Additional Public Prosecutor opposed the petition on the ground that so many days have elapsed and the petitioner did not take any objection for the postmortem report at the earliest. Considering the submissions made on either side, I am of the view that if the re-postmortem examination is conducted, if at all there are any injuries on the dead body of the deceased, still they can be noticed, because, the contention of the petitioner is that some serious injuries have been caused on the body of the deceased. To unearth the real facts leading to the death of the deceased, the prayer of the petitioner can be accepted. Therefore, Respondents 1 and 2 are hereby directed to cause exhumation of the dead body in the presence of the mediators and get the re-postmortem examination conducted by a senior Doctor at Government General Hospital, Chennai, at the earliest. The Criminal Petition is, accordingly, allowed. ________________ R. KANTHA RAO, J Dated: 06-10-2010 Note: Issue C.C. by 08-10-10. Dsh.