(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 7th respondent to transfer the investigation in Crime No.105 of 2026 on the file of the 7th respondent Police, to an independent agency such as the CB-CID/CBI/Special Investigation Team (SIT), and consequently direct a fair, impartial and time-bound investigation.)

1. One Narayanan has committed suicide by self immolation in front of the the respondent C-2 Subramanipuram Police Station, Madurai City, on 26.03.2026. The wife of the deceased has filed this writ petition seeking a writ of mandamus for transferring the investigation in Crime No.105 of 2026 on the file of the 7th respondent Police, to CB-CID or CBI or Special Investigation Team (SIT) for conducting fair investigation.

2. The brief facts of the case as projected by the petitioner reads as follows:

                   (i) There was an incident on 10.03.2026, wherein the petitioner's husband one Narayanan was assaulted by his brother one Sivamarkandan. The deceased suffered injuries on the face, including breaking of teeth and there was a contusion on his cheek. He was taken to the Government Rajaji Hospital on 10.03.2026 at 9.40am. One Dr.Malathi, Senior Assistant Surgeon attended the deceased and has noted down the following injuries:

                   “1) Contusion (R) cheek (+).

                   2) Upper jaw: lateral incisor and canine – loose tooth.

                   H/O mouth bleeding (+).

                   3) Restricted jaw movement.

                   C/O back pain”

                   (ii) Medical intimation was given to the 7th respondent police on 10.03.2026 at about 11.25am.

                   (iii) The petitioner is said to have lodged a complaint as against the accused before the 7th respondent police. Before that Sivamarkandan, the brother of the deceased Narayanan has lodged a separate complaint to the 7th respondent police and both complaints were registered as petition enquiry in CSR Nos.113 and 114 of 2026 on 10.03.2026 at about 12.00 noon, but no FIR has been registered.

                   (iv) While so on 26.03.2026, the deceased Narayanan went to the 7th respondent police taking kerosene and committed suicide in front of the police station by self immolation. The officers in the police station have rescued him and taken him to the Government Rajaji Hospital, Madurai wherein the deceased Narayanan was examined by the learned Judicial Magistrate (Fast Track) No.1 Madurai around 4.00 pm. He gave a statement before the learned Judicial Magistrate that the respondent police has attempted to register a case as against his son by receiving money from his brother one Sivamarkandan. Aggrieved by that he went to the police station and attempted to commit suicide. The petitioner's husband Narayanan died in the hospital on 28.03.2026.

                   (v) The petitioner has objected for conducting postmortem and rushed to this court by filing this petition seeking to conduct proper postmortem by videographing the same.

                   (vi) This court by its order dated 02.04.2026 directed the Dean of the Government Rajaji Hospital, Madurai to nominate two doctors to conduct postmortem and also to videograph the same. Since the petitioner has alleged that in the incident took place on 10.03.2026, the deceased has suffered grievous injuries and lost his teeth, this court has directed the Dean to place the postmortem report before this court.

                   (vii) It is reported that the postmortem was conducted as directed by this court and the postmortem was videographed. The Doctors, who have conducted the postmortem have recorded the finding as under:

                   “Extensive superficial infected burns involving whole of face & neck, front and back of 1 upper chest & abdomen, both upper limbs. In both the lower limbs sparing both the lower third, feet, soles & genitals. The skin appears thick in patches. The base of burnt areas are reddish in colour and smeared with yellowish colour pus material in patches. Singeing of hair noted in scalp & facial hair, sparing the armpit and pubic region.

                   Punctured wounds noted over the Right thigh (treatment wound) Venesection wound measuring 4 x1 x 0.5cm noted over the lower third of right leg (treatment wound) Dental examination - left upper cent incisor found shaking. Left first upper pre molar tooth - found missing with minimal contusion in its gums and socket. Right upper jaw has only four teeth (central and lateral incisor, canine and first premolar) other teeth found missing (old) Lower dentition – intact.”

                   (viii) From the available materials it appears that there was a contusion on the cheek of the deceased when he was examined by Dr.Malathi on 10.03.2026 and the Doctors, who conducted postmortem has noticed that left first upper pre-molar tooth found missing with minimal contusion in its gums and socket. Therefore it appears that the deceased Narayanan has suffered grievous injuries in the course of the incident said to have taken place on 10.03.2026.

                   (ix)The deceased was admitted in the Government Rajaji Hospital, Madurai on 10.03.2026 at 9.40am. Medical intimation was also given to the 7th respondent police. The complaint was recorded from the petitioner / wife of the deceased on 10.03.2026 at about 12.00 noon and this complaint was treated as petition enquiry without registering any FIR. However, the counter complaint appears to have been received from the deceased's brother Sivamarkandan was treated as petition enquiry in CSR No.113 of 2026. These CSRs have been converted as First Information Reports only on 26.03.2026 after the present occurrence taken place in front of the police station.

                   (x)These First Information Reports were despatched to the learned Judicial Magistrate Court and received by the learned Judicial Magistrate- IV, Madurai only on 27.03.2026 at about 1.00pm. All the three cases are now under investigation before the 7th respondent police.

3. The petitioner with a grievance that if the investigation is continued to be conducted by the 7th respondent, there may not be proper investigation, has sought for transfer of investigation by some other investigating agency such as CBI or to CB-CID or by any Special Investigation Team.

4. The learned counsel for the petitioner submits that the deceased Naryanan has suffered grievous injuries. The said Narayanan's brother is an influential person belonging to a political party, which was in power at the relevant point of time. Therefore, the respondents by receiving the complaint from the said Sivamarkandan, has harassed the deceased family, asked them, not to precipitate the complaint lodged by them as against Sivamarkandan.

5. According to the learned counsel the police have received money Rs.65,000/- from Sivamarkandan and created false complaint as against the deceased and have also attempted to foist a complaint as against his son. Aggrieved by the conduct of the 7th respondent police, the deceased Narayanan has committed suicide by self immolation before the 7th respondent. Only thereafter the complaint of the petitioner dated 10.03.2026 has been registered as First Information Report and have been forwarded to the learned Judicial Magistrate concerned at about 01.30 pm. The FIR in Crime No.105 of 2026 in the suicide case was despatched and reached the learned Judicial Magistrate Court on 27.03.2026 at about 1.00pm. The learned counsel by referring to the case of the petitioner and counter case registered as against the petitioner's family submits that the FIRs have reached the court at 1.30pm on 27.03.2026. However it has been projected as if it has been received by the court at about 12.30pm.

6. The learned counsel further submits that the other two complaints, which have been treated as petition enquiry, were registered as First Information Reports and they have been despatched to the court only on 27.03.2023, after the incident on 26.03.2026. Considering the manner in which the complaint of this petitioner has been treated, despite the medical intimation and the nature of injury suffered by the deceased, the learned counsel for the petitioner submits that if the investigation is allowed to be continued with the 7th respondent, the investigation would not be fair.

7. The learned Government Advocate submits that the deceased Narayanan in this case and the Sivamarkandan complainant in Crime No. 103 of 2026 are brothers. They are also neighbours. They had long pending drainage issue. On 10.03.2026 there was a scuffle between them. The deceased went to the hospital. His brother Sivamarkandan has visited the 7th respondent police station and has lodged the complaint as against the deceased Narayanan and his sons. While so the petitioner has visited the 7th respondent police and has lodged a separate complaint as against the said Sivamarkandan. Since both complaints are between brothers and that too on trivial issue, they treated the complaints as petition enquiry. In fact the deceased has requested them not to spoil the career of his son, who was studying 12th standard at that point of time. However, the respondent police went to proceed with the registration of the case and therefore, the deceased has committed suicide by self immolation in front of the police station by pouring kerosene and setting on fire. According to the learned Government Advocate, the police officers only rescued the deceased and admitted him in the hospital. They have registered all the three cases and despatched them to the court.

8. The learned Government Advocate further submits that the complaint of this Sivamarkandan was registered in Crime No.103 of 2026, for the offence under Section 296(b), 181(1), 324(2) of BNS and the complaint of this petitioner's husband as against the said Sivamarkandan was registered in Crime No.104 of 2026 for the offence under Sections 296(b) and 118(1) of BNS. Therefore, according to the learned Government Advocate there is no fault on the part of the respondent police in dealing with the complaints of Sivamarkandan and on the request of the deceased, they have not disturbed his son by registering the case as against him. According to him, both these complaints were registered prior to the incident in Crime No.105 of 2026, wherein the deceased has committed suicide.

9. This court has considered the rival submissions made and perused the materials placed on record.

10. The petitioner's husband Narayanan on frustration went before the police station with kerosene and attempted to commit suicide by pouring kerosene. In fact he was rescued by the police officers and has been taken to the Government Rajaji Hospital, Madurai. Dying declaration was recorded from the deceased Narayanan on 26.03.2026 around 4.00pm. In the dying declaration, the deceased has narrated that the 7th respondent police has harassed him by receiving money from his brother for foisting case against his family. The fact remains that there was dispute on 10.03.2026 between the deceased and his brother Sivamarkandan. The learned Government Advocate has produced the video, which discloses that it is a scuffle between both of them. However, the deceased appears to have suffered some serious injuries and has been admitted in the Government Rajaji Hospital on 10.03.2026 at about 9.40am and he was diagnosed by Doctor Malathi and she noticed contusion on his face. Medical intimation was sent from the Government Rajaji Hospital to the respondent police. The complaint appears to have been lodged by the petitioner / wife of the deceased Narayanan on 10.03.2026. However, the same has been treated only as a petition enquiry in CSR No.114 of 2026, whereas the counter complaint has been treated as petition enquiry in CSR No.113 of 2026. Admittedly there is no injury for the counter complainant. The complaint of this petitioner supported with medical certificate has not been registered as FIR from 10.03.2026 to 26.03.2026. On 23.06.2026 the deceased Narayanan poured kerosene and set fire on him in front of the police station and committed suicide and this case was registered in Crime No.105 of 2026. The police claimed that the complaint of this Sivamarkandan and the petitioner, were treated as CSR Nos.113 and 114 of 2026, dated 10.03.2026 and subsequently were registered as FIR in Crime Nos.103 and 104 of 2026 respectively on 26.03.2026.

11. All these FIRs reached the Judicial Magistrate Court concerned only on 27.03.2026. The FIR in crime No.105 of 2026 was received by the learned Judicial Magistrate at about 1.00pm. The endorsement of the learned Judicial Magistrate in Crime Nos.103 and 104 of 2026 refers that it has been received at 1.30pm. However, an alteration has been made by adding number 2 in 1.30pm as if the FIRs in Crime Nos.103 and 104 of 2026 were received at 12.30pm. The complaint of this petitioner with medical intimation and the injury appears to be grievous in nature has not been treated properly by registering an FIR and this complaint dated 10.03.2026 was registered only on 26.03.2026 after 10 days that too after the deceased had committed suicide on 26.03.2026.

12. There are some flaws on the part of the respondent police in dealing with the complaint of this petitioner dated 10.03.2026. The deceased Narayanan has committed suicide in front of the police station on frustration due to the conduct of the respondent in dealing with the complaints. He also stated before the learned Judicial Magistrate during the dying declaration that the respondent police by receiving money from his brother Sivamarkandan has foisted a false case, which need to be investigated.

13. The deceased has made a specific allegation as against the 7th respondent police that they have received money and has attempted to foist a false complaint. Therefore, this allegation coupled with the fact that the complaint of the said Sivamarkandan has been entertained as petition enquiry in CSR No.113 of 2026, needs to be investigated. Allowing the investigation by the 7th respondent police would not be fair and therefore, this court directs the Commissioner of Police to withdraw the cases in Crime Nos.103, 104 and 105 of 2026 from the file of the 7th respondent police entrust the same to the Deputy Commissioner of Police (North), Madurai for a fair and proper investigation. The Deputy Commissioner of Police (North), Madurai, shall conduct the investigation on his own, without entrusting the same with any other officer. The truth has to be unravelled and necessary action has to be taken as against the erring officials.

14. This writ petition is disposed of in the above terms.