D.Kalaivani v. The Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.03.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN D.Kalaivani ... Petitioner Vs
1. The Government of Tamil Nadu, Represented by the Chief Secretary to Government, Secretariat, Chennai 600 009.
2. The Home Secretary, Government of Tamil Nadu, Secretariat, Chennai 600 009.
3. The Director General of Police/Head of Police Force, Office of the Director General of Police, Mylapore, Chennai 600 004.
4. The Commissioner of Police, Greater Chennai Police, EVK Sampath Salai, Veppery, Chennai 600 007.
5. The Inspector of Police, N-1, Royapuram Police Station, Chennai-13.
6. The Revenue Divisional Officer, North Chennai Revenue Division, Gandhi Main Road, Puzhal, Chennai 600 066.
7. The Assistant Commissioner, Royapuram Division, North Zone, Chennai 21.
8. The District Collector, 2nd Floor, Collectorate Office, Vellore District, PIN 630 009.
9. The Director General of Police, Central Bureau of Investigation, Lodhi Road, CGO Complex, New Delhi 110 003.
... Respondents Writ Petition filed under Article 226 of the Constitution praying to issue a Writ of Mandamus, directing the Respondents 1 to 7 to transfer of investigation of the case in Crime No. 268 of 2024 pending on the file of the 5th Respondent to the file of 9th Respondent (i.e.) Central Bureau of Investigation for proper investigation and further action to file final report, pursuant to the Petitioner's representation dated 25.11.2024. For Petitioner : Mr.M.Velumurugan for Mr.R.N.Kasi Vishwanathan For Respondents : Mr.P.Balathandayutham, Special Government Pleader (for R1, R5 & R6) Mr.A.Gopinath, Government Advocate (Crl. Side) (for R2, R3, R4 & R7)
ORDER
This Writ Petition has been filed for directing the first to seventh respondents to transfer the investigation of the case in Crime No. 268 of 2024 from the file of the 5th respondent to the file of the ninth respondent.
2. The petitioner's daughter was working as a Head Constable, along with her husband, who is also a Head Constable, at the fifth respondent Police Station; she committed suicide, leaving a suicidal note.
3. On a perusal of the suicidal note, it reveals that due to a family dispute, she committed suicide. However, she did not accuse any individual for the reason why she committed suicide. But, the investigation is still pending with the fifth respondent Police, and since the deceased, as well as her husband, were working in the same Police Station, there will not be a proper investigation by the fifth respondent Police.
4. In view of the above, this Court is inclined to transfer the
investigation in Crime No. 268 of 2024 from the file of the 5th Respondent to the file of the seventh respondent. Accordingly, the entire case in Crime No. 268 of 2024 is hereby withdrawn from the file of the fifth respondent and transferred to the file of the seventh respondent for fair and proper investigation in Crime No. 268 of 2024. The seventh respondent is directed to complete the investigation and file a final report within a period of twelve weeks from the date of receipt of a copy of this order. The Deputy Superintendent of Police, Washermanpet, Chennai, is directed to monitor the investigation done by the seventh respondent.
5. With the above directions, this Writ Petition is disposed of. No costs.
05.03.2025 Index : Yes/No : Yes/No Speaking/non-speaking order kv To
1. The Chief Secretary to Government of Tamil Nadu, Secretariat, Chennai 600 009.
2. The Home Secretary, Government of Tamil Nadu, Secretariat, Chennai 600 009.
3. The Director General of Police/Head of Police Force, Office of the Director General of Police, Mylapore, Chennai 600 004.
4. The Commissioner of Police, Greater Chennai Police, EVK Sampath Salai, Veppery, Chennai 600 007.
5. The Inspector of Police, N-1, Royapuram Police Station, Chennai-13.
6. The Revenue Divisional Officer, North Chennai Revenue Division, Gandhi Main Road, Puzhal, Chennai 600 066.
7. The Assistant Commissioner, Royapuram Division, North Zone, Chennai 21.
8. The District Collector, 2nd Floor, Collectorate Office, Vellore District, PIN 630 009.
9. The Director General of Police, Central Bureau of Investigation,
Lodhi Road, CGO Complex, New Delhi 110 003.
10. The Public Prosecutor, High Court of Madras, Chennai.
G.K.ILANTHIRAIYAN. J, kv 05.03.2025