BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08/08/2011 CORAM THE HONOURABLE MS.JUSTICE R.MALA CRIMINAL ORIGINAL PETITION(MD)No.7664 OF 2011 Peer Mohamed ... Petitioner Vs. 1.The Superintendent of Police, Kanyakumari District, at Nagercoil. 2.The Sub-Inspector of Police, Eraniel Police Station, Kanyakumari District. ... Respondents Prayer This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to transfer the investigation in crime No.146 of 2011 from the file of the 2nd respondent police to any other competent independent investigating agency for fair investigation and to file a final report. !For Petitioner ... Mr.S.C.Herold Singh ^For Respondents... Mr.K.V.Rajarajan, G.A.(Crl. Side) :ORDER
This petition has been filed to transfer the investigation in crime
No.146 of 2011 from the file of the 2nd respondent police to any other competent
independent investigating agency for fair investigation and to file a final
report.
2.The learned counsel appearing for the petitioner would submit that
the wife of the petitioner has committed suicide and a case has been registered
for the offence under Section 174 Cr.P.C. in crime No.146 of 2011. He would
further submit that at the time of post mortem, a letter was found, which was
written by the deceased in her handwriting, wherein, it has been stated that she
had written separate letters to the petitioner’s son, daughter and to the
petitioner and the respondent police recovered those letters from the house of
the petitioner. He would further submit that in the letter written to the
petitioner, it has been stated that the owner of the house viz., Gnanalysi @
Leela @ Abipatti has borrowed a sum of Rs.2,03,000/- from the deceased,
promising to repay the same within a particular period and when the deceased
made demand, she has failed to keep up the promise and threatened her and
abetted her to commit suicide. Despite the receipt of the letter and knowing
the contents of the same, the respondent police has not proceeded the
investigation and the accused is still roaming there and since the accused is
an influential person and having muscle power and money power, the respondent
police has suppressed all the letters and hence, the petitioner has come forward
with the application for a direction to transfer the investigation in crime
No.146 of 2011 from the file of the 2nd respondent police to any other competent
independent investigation for fair investigation and to file a final report.
3.The second respondent has filed a detailed counter affidavit
stating that it is true, a case has been registered for the offence under
Section 174 Cr.P.C on 20.04.2011, on the strength of the complaint given by the
father of the deceased. The complaint reveals that the deceased was suffered
from back pain and she was taking medical treatment continuously for more than 5
years and due to that the deceased was hanging in a fan. The letter was already
found out by the police and clear investigation has been conducted by the 2nd
respondent. The letter is containing the mathematical calculation in connection
with the money transaction. There is no whisper regarding the cause for
committing her suicide. Since the house owner requested the petitioner to
vacate the house, he has come forward with the frivolous complaint. It has been
further stated that para 1 of the petition would prove that there existing
enmity between the petitioner and the house owner regarding money dispute after
the death of the petitioner’s wife and now, the petitioner used her wife’s death
as a tool for unlawful gain and there is no abatement of suicide or threatening.
Thorough investigation ha been done. The house owner has filed a petition in
Crl.O.P.(MD) No.6397 of 2011, directing the respondent police not to harass her
against the respondent police and the same was allowed. Hence, he prayed for
the dismissal of the application.
4.Considering the rival submissions made by both sides as well as
perusing the case diary, the alleged occurrence has been taken place on
20.04.2011 at 10.45 a.m. and the complaint has been given at 13.30 hours. On
the basis of the said complaint, the case has been registered for the offence
under Section 174 Cr.P.C. It is true that one suicidal note was found out,
which was alleged to have written by the deceased in her handwriting.
5.While perusing the suicidal note, it was mentioned that the
deceased has paid Rs.1,50,000/- to the house owner and also gave a sum of
Rs.53,000/- without interest. There is no specific overt act against the
accused person. In the suicidal note, it was specifically mentioned as follows:
“kr;rh ehd; nUf;f Mirg;glhjjpdhy;jhd; ePA;f vdf;F vJ thA;;f Bfl;lhYk;
Btz;lhk; gpof;fhJ vd;Bwd;. Btz;lhk; vd;Bwd;. vd;dhy; brhy;y Koahj epiyik.
cs;Sf;Fs; mGJ bfhs;Btd;. fhg;g[ Bfl;lhYk; Btz;lhk; vd;w fhuzk; mJjhd;.
vg;goa[k; ehk; Bgha; Bru Toats; vjw;F Mir nJjhd; Mirbay;yhk; kwe;Bjd;.”
The above said suicidal note would show that the deceased has already planned
not to live and hence, whenever, her husband wanted to purchase something, she
has refused. Even though, the deceased written the suicidal note that the
house owner has not repaid the amount, she never stated that she was threatened
by the house owner and she abetted her for committing suicide.
6.In such circumstances, I am of the view that there is no iota of
evidence in the suicidal note written by the deceased and there is abetment for
committing suicide by the house owner and hence, I am of the view that the 2nd
respondent is conducting the investigation in a proper direction and hence,
there is no necessity for transferring the investigation and therefore, the
petitioner is not entitled for any relief as prayed for in the petition and the
same deserved to be dismissed.
7.Accordingly, this criminal original petition is dismissed.
Arul
To
1.The Superintendent of Police,
Kanyakumari District,
at Nagercoil.
2.The Sub-Inspector of Police,
Eraniel Police Station,
Kanyakumari District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.