High Court Madras High Court

Tmt.J.Jayashree vs State Of Tamil Nadu on 13 November, 2007

Madras High Court
Tmt.J.Jayashree vs State Of Tamil Nadu on 13 November, 2007
       

  

  

 
 
             IN THE HIGH COURT OF JUDICATURE AT MADRAS

                        DATED  : 13.11.2007

                             CORAM:

             THE HONOURABLE MR.JUSTICE K. MOHAN RAM

           Criminal Original Petition No.29087 of 2007
                                



Tmt.J.Jayashree               				..Petitioner


           Vs


1.  State of Tamil Nadu
    Rep. by the Commissioner of Police
    Greater Chennai
    Egmore
    Chennai 8.

2.  The Deputy Commissioner of Police (Law & Order)
    T.Nagar Police District
    T.Nagar
    Chennai 17.

3.  The Sub Inspector of Police (Law & Order)
    R-7 K.K.Nagar Police Station
    K.K.Nagar
    Chennai 78.

4.  The Station House Officer
    Tada Police Station
    Nellore District
    Andhra Pradesh.

5.  The Central Bureau of Investigation
    Rep. by the Superintendent of Police
    Special Crime Branch
    Rajaji Bhavan
    Besant Nagar
    Chennai 90.     					..Respondents




Prayer:  Petition filed under Section 482 of the Code of Criminal
Procedure to transfer the investigation in Crime No.1888 of  2007
pending  on the file of the third respondent and Crime No.100  of
2007  pending on the file of the fourth respondent to  the  fifth
respondent  / CBI and direct the fifth respondent to  investigate
this case and file a final report in accordance with law.




   For Petitioner  : Mr. M.Satyanarayan for M/s. N.S.Sivakumar

   For Respondents : Mr. Hasan Mohamed Jinnah, Govt. Advocate (Crl. Side) for R-1 to R-3
                     Mr. P.Madha Rao, Sub-Inspector for R-4.
                     Mr. N.Chandrasekaran for R-5.



                                
                            O R D E R

The petitioner lodged a complaint on 29.07.2007 with the

third respondent stating that her husband was missing from

27.07.2007 and sought for appropriate action to trace her husband-

Mr.R.Narayanan. The third respondent registered a case in Crime

No.1888 of 2007 for ‘man missing’. On 02.08.2007 the petitioner

being informed by the Sub-Inspector of Police attached to the

fourth respondent Police Station that they have found a body

below a culvert of Mambattu Road on 28.07.2007 and after seeing

the photograph of the body the petitioner identified the

photograph as that of her husband. The petitioner came to know

that the fourth respondent after holding inquest and post-mortem

had buried the body of her husband on 30.07.2007 itself. After

due permission the body was exhumed and last rites were performed

at Sulurpet. The fourth respondent-Police has also registered a

case in Crime No.100 of 2007 on 28.07.2007 for the offence under

Sections 302 and 201 Indian Penal Code. As per the inquest

report prepared by the fourth respondent, 12 injuries were found

on the head, face and other parts of the body of the petitioner’s

husband which indicate that the death was due to homicidal

violence.

2. It is the case of the petitioner that there is no mutual

co-operation between the third and fourth respondents with regard

to the above said two cases. The petitioner has stated in the

petition that both the third and fourth respondents are not

evincing any interest in investigating into the matter stating

that the offence had not taken place in their jurisdiction; so

far the mobile phone and car of the petitioner’s husband have not

been traced; no steps have been taken to collect the records

pertaining to the calls made and received through the mobile

phone of her husband; in view of the lapses on the part of the

third and fourth respondents there is no progress at all in the

investigation of the cases. On the above said grounds, the

petitioner has come before this Court seeking transfer of the

investigation in Crime No.1888 of 2007 pending on the file of the

third respondent and in Crime No.100 of 2007 pending on the file

of the fourth respondent to the Central Bureau of Investigation.

3. The third respondent has filed a counter affidavit. In

the counter affidavit various steps taken by the third respondent

after registering the case in crime No.1888 of 2007 have been set-

out in detail. The third respondent has also referred to the

registration of the case in Crime No.100 of 2007 by the fourth

respondent and regarding the steps taken by the fourth respondent

in the course of investigation. It is further stated in the

counter affidavit that the cause of action being within the

jurisdiction of Tada Police Station, no parallel investigation

can be conducted and the investigation has to be pursued by the

fourth respondent only. It is further stated that the records

and statements pertaining to Crime No.1888 of 2007 are being

forwarded to the fourth respondent and it is also stated that in

the said circumstances investigation by any specialised agency

may not advance the case any further.

4. At the time of hearing of the above petition, Mr. P.Madha

Rao, Sub-Inspector of Police attached to the fourth respondent-

Police Station was present in the Court with the C.D. File. The

fifth respondent was represented by Mr. N.Chandrasekaran, learned

counsel for CBI cases. The fourth respondent has produced a copy

of the communication in R.C.No.4812/compliance/2/2007, dated

22.10.2007 sent by the Director General of Police, Andhra

Pradesh, Hyderbad to the Director General of Police, Tamil Nadu.

A perusal of the said communication shows that the Director

General of Police, Andhra Pradesh, Hyderabad has informed the

Director General of Police, Tamil Nadu that the case in Crime

No.100 of 2007 on the file of the fourth respondent is being

transferred for further investigation to the third respondent-

Police and a request has been made to direct the concerned to

take necessary action in the matter as the subject matter

pertains to Crime No.1888 of 2007 on the file of the third

respondent and the entire C.D. file pertaining to Crime No.100 of

2007 has also been enclosed.

5. Heard Mr. M.Satyanarayanan learned counsel for the

petitioner, Mr. Hasan Mohamed Jinnah, learned Government Advocate

(Crl. Side) for Respondents 1 to 3, Mr.P.Madharao, Sub-Inspector,

for the fourth respondent and Mr. N.Chandrasekaran learned

counsel for the CBI Cases for the fifth respondent.

6. Learned counsel for the petitioner submitted that though

the petitioner’s husband was missing from 27.07.2007 and the

complaint was lodged on 29.07.2007 no effective steps have been

taken by the third respondent and though the fourth respondent

has registered a case in Crime No.100 of 2007 so far no effective

steps have been taken to trace the missing car and no details

have been collected in respect of the calls made and received

through the mobile phone of the petitioner’s husband; while the

third respondent has taken a stand that since the body has been

found within the limits of Tada Police Station, the fourth

respondent herein, the investigation has to be done by the fourth

respondent, the fourth respondent has already taken a stand that

since the offence pertains to Crime No.1888 of 2007 the further

investigation should be only conducted by the third respondent

and the entire C.D. File has already been forwarded to the

Director General of Police, Tamil Nadu. According to the learned

counsel, in such circumstances, unless the investigation is

entrusted to the Central Bureau of Investigation, there is

absolutely no possibility for carrying out any meaningful

investigation in the case and the real culprits will not be

brought to book and the petitioner will not get any justice.

7. Learned Government Advocate (Criminal Side) for

respondents 1 to 3 submitted that since the body has been found

within the limits of the fourth respondent the investigation

should be conducted only by the fourth respondent in Crime No.100

of 2007.

8. Learned counsel for Central Bureau of Investigation for

the fifth respondent submitted if a direction is issued by this

Court directing the Central Bureau of Investigation to take over

the investigation the same will be complied with.

9. I have carefully considered the submissions made by the

learned counsel on either side and perused the materials on

record.

10. As is seen from the materials available on record and

from the submissions made by the learned counsel for the

petitioner though the petitioner had lodged a complaint as early

as on 27.07.2007 before the third respondent and subsequently the

fourth respondent has also registered a case in Crime No.100 of

2007 and had carried out the investigation to some extent no

effective steps seem to have been taken so far to trace the car

belonging to the petitioner’s husband and to collect the details

pertaining to the calls made and received through mobile No.98407

16531 belonging to the petitioner’s husband and the third

respondent has taken a stand that the case should be investigated

by the fourth respondent and the fourth respondent has taken a

stand that the case should be investigated by the third

respondent and in fact the Director General of Police, Andhra

Pradesh, Hyderabad, has forwarded the entire case file and the

C.D. file relating to Crime No.100 of 2007 to the Director

General of Police, Tamil Nadu. In such circumstances, the

petitioner is caught up in the procedural angle between the third

and fourth respondents. As rightly contended by the learned

counsel for the petitioner, in such circumstances, the petitioner

may not get real justice and no meaningful investigation can be

expected either from the third respondent or from the fourth

respondent. Further, since the case is inter-state crime it may

not be feasible for either the third respondent or the fourth

respondent to effectively investigate the case and since the

investigation has to be carried out both in Tamil Nadu and Andhra

Pradesh, if the investigation is entrusted to the Central Bureau

of Investigation, it will be easier for that Agency to

investigate the matter effectively. Therefore in the considered

view of this Court in the interest of justice it will be just and

proper to entrust the investigation in this matter to the Central

Bureau of Investigation.

11. Accordingly, the above criminal original petition is

allowed and the investigation in Crime No.1888 of 2007 pending on

the file of the third respondent and Crime No.100 of 2007 pending

on the file of the fourth respondent are transferred to the file

of the Central Bureau of Investigation (CBI), New Delhi – 1, for

further investigation and filing of final report. Respondents 3

and 4 are hereby directed to send the entire case records

relating to Crime No.1888 of 2007 and Crime No.100 of 2007,

respectively, to the Director of Central Bureau of Investigation,

New Delhi – 1, within a week from the date of receipt of a copy

of this order to enable the Director, Central Bureau of

Investigation, to nominate a competent officer to investigate

into the said cases.

srk

To

1. The Commissioner of Police
Greater Chennai
Egmore
Chennai 8.

2. The Deputy Commissioner of Police (Law & Order)
T.Nagar Police Station
T.Nagar
Chennai 17.

3. The Sub Inspector of Police (Law & Order)
R-7 K.K.Nagar Police Station
K.K.Nagar
Chennai 78.

4. The Station House Officer
Tada Police Station
Nellore District
Andhra Pradesh.

5. The Central Bureau of Investigation (CBI)
New Delhi 1.