Devaki v. The Director General Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.Nos.4386 and 4387 of 2024 Devaki ... Petitioner -Vs1. The Director General of Police, Police Headquarters, No.1, Radhakrishnan Salai, Mylapore, Chennai 600 004.

2. The Superintendent of Police (CBCID), North Zone, Alandur Muncipal Complex, Alandur, Chennai.

3. The Deputy Superintendent of Police (CBCID) Villupuram, No. 77 Boobalan Street, Vandimedu, Villupuram 605 602.

4. The Superintendent of Police, Office of Superintendent of Police, Kallakurichi District.

5. The Superintendent of Police, Office of Superintendent of Police, Tiruvannamalai District.

6. The Deputy Superintendent of Police,

Veraiyur Division, Kallakurichi District.

7. The Deputy Superintendent of Police, Tiruvannamalai Rural Division, Tiruvannamalai District.

8. The Inspector of Police, Manalurpet Police Station, Kallakurichi District.

9. The Inspector of Police, Veraiyur Police Station, Tiruvannamalai District.

...Respondents

Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing the first respondent to transfer of investigation in Crime No.439 of 2023, pending on the file of 9th respondent to the 3rds respondent herein under the AEGIS of the 2nd respondent and to complete the investigation by filing final report within a time frame. For Petitioner : Mr.J.Saravanavel For Respondents : Mr.A.Gopinath Government Advocate (Crl.side) O RDER This Writ Petition has been filed for direction directing the first respondent to transfer the investigation in Crime No.439 of 2023, pending on the file of 9th respondent to the 3rd respondent herein under the AEGIS of the second respondent and to complete the investigation by filing final report within a time frame as fixed by this Court.

2. Heard both sides and perused the materials available on record.

3. The petitioner's son went missing after returning from school on 30.11.2023. After a complete search, the petitioner was unable to find him out and lodged a complaint on the next day before the 8th respondent and registered FIR in Crime No.517 of 2023 under "Boy Missing". After two days, the body of the boy was found within the jurisdiction of the 9th respondent and another FIR was registered in Crime No.439 of 2023 under Section 174 Cr.P.C. So far, the 9th respondent did not complete the investigation. Therefore, the petitioner filed a representation before the first respondent for transfer of investigation from the file of the 9th respondent to the file of the third respondent, on the ground that the petitioner's son was murdered since injuries were found on his two knees.

4. A perusal of the status report filed by the 9th respondent and on the submissions made by the learned Government Advocate (Crl.side) revealed that the deceased fell in love with one Durga who is residing within the jurisdiction of the 9th respondent. On 29.11.2023, the deceased had sent a message to the said Durga's father's mobile phone stating that he want to meet her. Therefore, she called him over the phone on 30.11.2023. The deceased had gone to her

village and both of them were talking together. At that time, one vehicle came to that place and as such, the deceased flew away from the spot and he also said Durga to return to her home. Thereafter, she did not know the whereabouts of the deceased. Further, during the investigation, it was found that in the body of the deceased, alcohol was detected in the chemical analysis and viscera report. Further, fatal soft tissue injuries were ruled out; bony injuries were ruled out.

5. Further, the 9th respondent also recorded the statement of the said Durga under Section 164 Cr.P.C and found nothing and there is no reason to believe the deceased was murdered.

6. In view of the above, no purpose would be served if the investigation is changed from the 9th respondent to any other investigation, since it affects the entire investigation already done by the 9th respondent. However, the 9th respondent is directed to complete the investigation in Crime No.439 of 2023 and file a final report, within a period of twelve weeks from the date of receipt of a copy of this order.

7. In view of the above, the direction sought for in this petition cannot be considered. Accordingly, this writ petition stands dismissed. Consequently,

connected Miscellaneous petitions are closed. No costs. 05.03.2025 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn To

1. The Director General of Police, Police Headquarters, No.1, Radhakrishnan Salai, Mylapore, Chennai 600 004.

2. The Superintendent of Police (CBCID), North Zone, Alandur Muncipal Complex, Alandur, Chennai.

3. The Deputy Superintendent of Police (CBCID)

Villupuram, No. 77 Boobalan Street, Vandimedu, Villupuram 605 602.

4. The Superintendent of Police, Office of Superintendent of Police, Kallakurichi District.

5. The Superintendent of Police, Office of Superintendent of Police, Tiruvannamalai District.

6. The Deputy Superintendent of Police, Veraiyur Division, Kallakurichi District.

7. The Deputy Superintendent of Police, Tiruvannamalai Rural Division, Tiruvannamalai District.

8. The Inspector of Police, Manalurpet Police Station, Kallakurichi District.

9. The Inspector of Police, Veraiyur Police Station, Tiruvannamalai District.

10. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN. J, mn

05.03.2025