HC dismisses plea in a case of custodial death

The Madras High Court today dismissed a petition, holding that it cannot entertain a plea with identical prayer before two different forums of the same court in a case of custodial death by different relatives.
Justice V.Ramasubramanian dismissed the petition filed by one Mohammed Aliyar as the same was already disposed of by the Madurai Bench of Madras High Court.
"Though technically, the learned counsel for the petitioner may be right, I do not think that in respect of one subject matter, parties cannot be allowed to agitate before two different forums."
"Here, different persons, claiming to be the relatives of the deceased, have approached different forums and the same cannot be permitted," the judge said.

Even otherwise, since the criminal original petition had already been disposed of giving directions to the authorities, this court cannot give any further directions and it is always open to the parties to approach the same court to seek appropriate relief. "In view of the above, the writ petition deserves to be dismissed and accordingly, it is dismissed."
The petitioner sought a direction to Tamil Nadu Government to consider his representation and to register a murder case against SI Kalidoss and also to transfer the investigation to SP, CBCID, Ramanathapuram.
The petitioner alleged that his relative Syed Mohamed, a driver, died in police custody, on October 14.

The Public Prosecutor had filed a counter along with a set of documents including an order passed by the Madurai Bench disposing of a plea by the father-in-law of the deceased seeking identical relief on October 16.