Lingammal v. The Director General Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:13.12.2024
CORAM
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH and W.M.P (MD) Nos.26180 and 26182 of 2023 Lingammal ... Petitioner Vs.
1. The Director General of Police, DGP Office, Mylapore, Dr.Radhakrishnan Salai, Chennai - 625 005.
2.The Additional Director General of Police, Crime Branch Crime Investigation Department (CBCID), No.220, Pantheon Road, Egmore, Chennai - 8.
3.The Superintendent of Police, Virudhunagar, Virudhunagar District.
4. The Inspector of Police, Seithur Rural Police Station,
5. The Inspector of Police, Virudhunagar Rural Police Station, 1/7
6. The District Collector, Collector Office,
7. The District Child Protection Officer, District Child Protection Unit, Collector Office Campus,
8. The President, Child Welfare Committee, Collector Office Campus,
9. The Secretary, Madurai Multipurpose Social Service Society (MMSSS), 73, Sancta Maria, By-Pass Road, Chockalinganagar, Madurai - 625 016.
10. The Secretary, Children Home, Madurai Multipurpose Social Service Society (MMSSS), Virudhunagar Branch Office, Sundaram Theater Road, Gandhinagar, Virudhunagar.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to transfer the investigation to the 2nd respondent office for conducting fair and impartial investigation in Crime Number 194 of 2023 on the file of the Respondent no.5 and to direct the 2nd respondent to file periodic reporting to this Hon'ble Court on the progress made in the investigation.
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For Petitioner : Mr.R.Karunanidhi For Respondents : Mr.S.Ravi Additional Public Prosecutor for R1 to R5 Mr.M.Muthi Manikkam Government Advocate for R6 to R8
O R D E R
This writ petition has been filed for the issue of a writ of mandamus seeking for a transfer of investigation in Crime No.194 of 2023 pending on the file of the fifth respondent to any other agency. 2.When the matter was taken up for hearing today, the learned Government Advocate submitted that the FIR was investigated and a referred charge sheet was filed as further action dropped. This Court had the advantage of going through the closure report. 3.The learned counsel for the petitioner submitted that the girl was kept in the tenth respondent Home and the tenth respondent should have taken the minimum effort of keeping the girl in safe custody and whereas, the girl has committed suicide. Therefore, at least some 3/7
compensation must be paid to the petitioner in this regard. 4.A representation was made to the legal services authority and it was informed that necessary communication must be received in this regard and only then, it can be prosecuted further. 5.Going by the previous incidents that had taken place in this case that the girl had eloped with someone twice and this is the third occasion where she eloped and was secured and was kept in home where unfortunately, she committed suicide.
6.This Court does not want to precipitate the matter any further considering the earlier incidents and hence, this writ petition stands closed.
7.The learned counsel for the petitioner submitted that the representation was already made before the Superintendent of Police on 05.12.2023 seeking for the payment of compensation. This representation shall be considered by the third respondent on its own 4/7
merits and in accordance with law and a decision shall be taken within a period of four weeks from the date of receipt of a copy of this order and it shall be conveyed to the petitioner. Consequently, connected miscellaneous petitions are closed.
13.12.2024 NCC :
Yes / No Index :
Yes / No Internet :
Yes / No PKN To
1. The Director General of Police, DGP Office, Mylapore, Dr.Radhakrishnan Salai, Chennai - 625 005.
2.The Additional Director General of Police, Crime Branch Crime Investigation Department (CBCID), No.220, Pantheon Road, Egmore, Chennai - 8.
3.The Superintendent of Police, Virudhunagar, Virudhunagar District.
4. The Inspector of Police, Seithur Rural Police Station,
5. The Inspector of Police, Virudhunagar Rural Police Station, 5/7
6. The District Collector, Collector Office,
7. The District Child Protection Officer, District Child Protection Unit, Collector Office Campus,
8. The President, Child Welfare Committee, Collector Office Campus, 9.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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N.ANAND VENKATESH,J.
PKN Dated:13.12.2024 7/7