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Madras High Court · body

2015 DIGILAW 3321 (MAD)

Vairava Meenakshi v. State, rep. by its Home Secretary, Secretariat, Fort St. George, Chennai-09

2015-10-09

R.MALA

body2015
Order The petitioner has come forward with this petition seeking to transfer the investigation in Crime No.127 of 2014 pending before the 4th respondent to C.B.C.I.D or any other investigating agency, stating that the petitioner's husband was murdered by her brother-in-law. 2. The learned Counsel appearing for the petitioner submits that the alleged occurrence took place on 05.05.2014 at 17.45 Hours. The petitioner is the wife of the deceased Velayutham. The sister of the first accused, namely, Kalaiselvi, was given in marriage to one Balasubramanian, the elder brother of deceased Velayutham. The said Kalaiselvi committed suicide after three years of her marriage. The first accused has developed enmity with the deceased Velayutham, as though he was responsible for the death of his sister. On the fateful day, the first accused assaulted the deceased Velayutham with deadly weapon along with one another person. Immediately, a complaint has given by the wife of deceased Velayutham and a case has been registered in Crime No.127 of 2014 under Sections 341 and 307 IPC and he died on 11.05.2014. Thereafter, the case has been altered into Sections 341 and 302 IPC, but the respondents have not shown any interest to investigate the matter and the accused is yet to be arrested. Hence, she wants to transfer of the investigation of the case to any other agency for effective investigation. 3. The first respondent filed a status report in that he has stated as soon as the injured died on 11.05.2014, the case has been altered into Sections 341 and 302 IPC. He further stated that all possible efforts have been taken to trace the accused by way of enquiring the wife of the accused and the relatives and the friends of the accused. He further stated that they have issued notice on 11.05.2014, to the Senior Immigration Officer, Chennai Airport, seeking all the details of the accused. On 12.05.2014, the Deputy Superintendent of Police, Pattukottai, issued notice to the Director of Foreigners Regional Registration Office, Shashtri Bhavan, Chennai, seeking the available details of the accused. On 13.05.2014, the Investigating Officer, has given the requisition to the Nodel Officer, District Special Branch, Thanjavur, for the mobile call details of the accused. 4. On perusal of the status report, it is not known as to what are all the steps taken by the investigating officer thereafter i.e. on 13.05.2014 for the past one year. On 13.05.2014, the Investigating Officer, has given the requisition to the Nodel Officer, District Special Branch, Thanjavur, for the mobile call details of the accused. 4. On perusal of the status report, it is not known as to what are all the steps taken by the investigating officer thereafter i.e. on 13.05.2014 for the past one year. It is pertinent to mention here that the offence had taken place in the year 2014 in day light and the name of the accused is also found mentioned in the complaint. During the argument it was stated that the first accused left Canada as he possessed two passports but the same was not mentioned in the status report. 5. Considering the status report there is no averment to show the steps taken by the respondent police after the particular point of time i.e. on 13.05.2014. In such circumstances, it is a fit case to transfer the investigation. Hence, the third respondent namely the Superintendent of Police, Thanjavur, is directed to handover the case along with case diary to the C.B.C.I.D, who shall investigate the matter and file a final report as expeditiously as possible. 6. With the above directions, this criminal original petition is allowed.