The Madras High Court today dismissed a review petition filed against its order rejecting a plea for registering a criminal case against police in connection with the death of a historysheeter in an 'encounter' here in 2010.
The First Bench, comprising Chief Justice Sanjay Kishan Kaul and Justice M M Sundresh, dismissed the petition filed by advocate P Pugalenthi, holding that "we do not find any error apparent in the order dated March 03,2015, warranting a review".
The petitioner, also the Director of Prisoners Rights Forum, submitted that no magisterial inquiry was conducted into the cause of death, as mandated under Section176 (1-A) of the Code of Criminal Procedure, 1973.
Pandi, wanted in 12 criminal cases, including murder, and his accomplice Velu, were killed in the 'encounter' with police on February 8, 2010 at Neelankarai here.
A petition was filed in the court contending that as the death occurred at the hands of police, a case of murder ought to have been registered against the police personnel.
The high court had dismissed it on March 3 last year, following which the review plea was filed.
Rejecting the review prayer, the Bench in its order said "as there is no factual premise, there is no necessityto consider the compliance under Section 176(1-A)".
It also said the applicant had not argued before it earlier on the applicability of Section 176(1-A) and the prayer then was only to register a case under IPC section 302 (murder).
"We cannot presume that the deceased died during police custody. There is no basis that the deceased was in police custody," the court said.
