G.Meenakshi v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.08.2018

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.(MD)No.15431 of 2018 G.Meenakshi ... Petitioner Vs.

1. The Superintendent of Police Tirunelveli Tirunelveli District

2. The Inspector of Police V.K.Puram Police Station Tirunelveli District

3. The Inspector of Police CBCID, Tirunelveli District

...Respondents

Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to transfer the investigation in Crime No.195 of 2018 on the file of the second respondent to the file of the third respondent.

For Petitioner : Mr.M.Subash Babu For Respondents : Mrs. S.Bharathi Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed for a relief of transfer of investigation which is pending in Crime No.195 of 2018 on the file of the second respondent.

2. The learned counsel for the petitioner would submit that the petitioner's son had gone along with his friends to Tirunelveli. On 20.06.2018 at about 2.45 p.m the petitioner received a phone call to the effect that her son had slipped in to the Tambirabarani river and had drowned and his body has been taken to General Hospital. The petitioner and her husband rushed to the hospital and saw the body of their son and to their shock there were lot of injuries all over the body.

3. He would further submit that the second respondent had registered an First Information Report in Crime No.195 of 2018 on 21.06.2018 under Section 174 of Cr.P.C. He would also further submit that repeated representations were made by the petitioner to the first respondent and also to the higher police officials pleading with them to investigate the case. The petitioner has

serious doubt about the manner in which the death has taken place more particularly due to injuries that were found all over the body of the deceased person.

4. The learnd Government Advocate (Crl.Side) would submit that the second respondent police is effectively investigating the case and statements are being taken from all the friends who had accompanied the petitioner's son on the fateful day. She would further submit that the second respondent police will investigate the case from all angles and will find out the real truth behind the death of the petitioner's son. She would also further submit that the investigation is at the crucial stage.

5. The poor mother who had lost her son is anxious to know the real truth behind the death of her son. The mother and the father have seen the dead body of the son and found that there were injuries all over the body. It seems that the petitioner and her husband have also enquired some of the friends and found out that their son did not actually take bath in the Tambirabarani river and he was having bath near a pond. For all these reasons, the petitioner wants the investigation to be conducted in a proper manner inorder to find out the real truth behind the death of her son.

6. This Court records the submission made by the learned Government Advocate (Crl.Side) to the effect that the second respondent is investigating the case from all angles. However, inorder to repose confidence in the minds of the poor mother, who is the petitioner in this case, this Court deems it fit to direct the first respondent namely, the Superintendent of Police, Tirunelveli District to monitor the investigation done by the second respondent. Such monitoring by the higher official will give more confidence to the petitioner that the case is being investigated in a proper manner.

7. Hence, there shall be a direction to the first respondent to monitor the investigation done by the second respondent. The second respondent is directed to effectively conduct investigation and look at the case from all angles and also take leads from the petitioner and her husband and also investigate the case on all those leads.

8. With the above direction, the Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(crl side) /True Copy/ Sub Assistant Registrar(CS-I)

To:

1. The Superintendent of Police Tirunelveli Tirunelveli District

2. The Inspector of Police V.K.Puram Police Station Tirunelveli District

3. The Inspector of Police CBCID, Tirunelveli District

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.M.Subash Babu, Advocate Sr.No.81385 AAV VB/RSK/SAR1/19.09.2018/3P/6C Crl.O.P.(MD)No.15431 of 2018 30.08.2018