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2009 DIGILAW 206 (MAD)

S. Kumaravelu v. State of Tamil Nadu, Rep. by its Secretary to Government, Home Department & Others

2009-01-20

K.N.BASHA

body2009
Judgment :- The learned counsel for the petitioner submits that the petitioner has come forward with this petition seeking for the relief of transferring the investigation from the file of the fourth respondent to the file of the fifth respondent. .2. Learned counsel for the petitioner submits that the petitioner is the husband of the victim in this case by name Palmalar. It is submitted by the learned counsel for the petitioner that the deceased was the active member of women wing of a political party and she was functioning as an Organiser in Chennai K.K.Nagar locality. It is further submitted that she has earned good name and fame among the locality people. The learned counsel for the petitioner further submitted that she was done to death brutally on 03.06.2008 and the complaint was preferred by the Village Administrative Officer on 04.06.2008 as he has found her body within his jurisdiction. On the basis of such complaint, a case was registered by the fourth respondent police in Crime No.329 of 2008 for the offence under section 302 IPC. It is contended by the learned counsel for the petitioner that in spite of the lapse of nearly about eight months, the Investigating Officer has not conducted investigation in a proper manner known to law. It is further contended that absolutely, there is no progress. Even the culprits were not apprehended by the fourth respondent police. It is contended that the petitioner, who is the husband of the victim, sent representations dated 08.08.2008, 29.08.2008 and 07.09.2008 to the higher officials raising suspicion against certain influential person of political party. It is contended that in spite of such representations, till date, there is absolutely no response from the authority concerned. Therefore, it is contended that the petitioner is having reasonable apprehension that he may not get fair investigation in this matter and as such the petitioner has been constrained to approach this Court with the above said prayer. 3. Per contra, learned Government Advocate (crl.side) submits that the fourth respondent is conducting the investigation in a proper manner and in accordance with law. It is further submitted that the fourth respondent also filed counter to this petition narrating the sequence and events and progress of investigation in this matter. It is also submitted that the Investigating Officer even interrogated the persons concerned as per the representations of the petitioner herein. It is further submitted that the fourth respondent also filed counter to this petition narrating the sequence and events and progress of investigation in this matter. It is also submitted that the Investigating Officer even interrogated the persons concerned as per the representations of the petitioner herein. It is further submitted that the investigation is in progress and the forth respondent police would expedite the investigation and complete the same shortly. 4. I have carefully considered the contentions put forward by either side and also perused the materials available on records. .5. It is seen that the petitioner is the husband of the victim of this case who has been done to death brutally. The fact remains that the complaint was registered as early as on 6. 2008 i.e. immediately after the occurrence on 6. 2008 on the basis of the complaint preferred by the Village Administrative Officer and a case was registered for the offence under section 302 IPC. It is seen that the petitioner has sent several representations dated 08.08.2008, 29.08.2008 and 07.09.2008 raising suspicion against involvement of certain influential persons in the case. The grievance of the petitioner is that those persons have not even been examined by the police till date. Though it is pointed out by the learned Government Advocate (Crl.Side) that as per the representations of the petitioner, the Investigating Officer has investigated the matter in that angle in respect of one Dhanasekaran, the fact remains that the counter does not reveal that the said Dhanasekaran was examined by the investigating officer at any point of time. It is also contended by the learned Government Advocate (Crl. Side) that the involvement of such person has been completely ruled out by the 4th respondent herein. 6. It is pertinent to be noted that the deceased is a permanent residence of K.K.Nagar, Chennai, and the body was found within the jurisdiction of the fourth respondent, the station House Officer, C-3 Manimangalam Police Station. The counter filed in this matter reveals that at present the Inspector of Police, C-5, Oragadam Police Station, Kanchipuram District, who is in-charge of C-3, Manimangalam Circle, Kanchipuram District, is investigating in this case. As already pointed out, the deceased, being a permanent residence of K.K.Nagar, Chennai, the present investigating officer may not be in a position to investigate into the matter effectively. As already pointed out, the deceased, being a permanent residence of K.K.Nagar, Chennai, the present investigating officer may not be in a position to investigate into the matter effectively. Apart from that, the fact remains that the culprits involved in this case are also not yet traced by the present Investigating Officer and added to that the petitioner raised apprehension to the effect that he may not get fair investigation and as such without assigning any aspersion against the present Investigating Officer in the interest of justice, this Court is constrained to transfer the investigation pending on the file of the fourth respondent and direct the fifth respondent, namely, the Deputy Inspector General of Police, CB CID, Guindy, Chennai – 600 032, to nominate an Inspector of Police, CBCID, to proceed with the investigation in accordance with law. The fourth respondent is hereby directed to send all the case records and materials collected by him during investigation to the fifth respondent within a period of two weeks days from the date of receipt of a copy of this order. It is also made clear that the Inspector, CBCID, who has been nominated by the Deputy Inspector General of Police, CB CID, Guindy, Chennai – 600 032 shall expedite the investigation by taking all necessary steps and to file the final report as expeditiously as possible Accordingly, this petition is ordered. Consequently, connected miscellaneous petition is closed.