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2009 Supreme(Mad) 3671
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE P.R. SHIVAKUMAR
M.R. Babu
Versus
State by Inspector of Police, Manavala Nagar Police Station Tiruvallur District
Crl.O.P.No.6804 of 2009
Decided On : 11-09-2009
For the Petitioner:Munirathnam Naidu, Advocate.
For the Respondent:I.Paul Nobel Devakumar, Govt. Advocate (Crl.Side).
The main legal point established in the judgment is the court's exercise of inherent powers under Section 482 Cr.P.C to transfer the investigation to the CBCID for fair and impartial investigation.
Headnote:
Section 482 Cr.P.C - Transfer of Investigation - 304-A IPC - 279 IPC - [304-A IPC, 279 IPC] - The court discussed the failure of the investigating officer to conduct a fair and unbiased investigation, the suspicion of murder, and the need for impartial investigation. The court exercised its inherent powers under Section 482 Cr.P.C to transfer the investigation to the CBCID for fair and impartial investigation.
Fact of the Case:
The case involved a petition to transfer the investigation of a case registered for alleged offenses under Section 304-A IPC and Section 279 IPC from the Manavala Nagar Police Station to the CBCID. The petitioner alleged bias and failure to investigate the suspicion of murder.
Finding of the Court:
The court found that the investigation was not conducted in a fair and unbiased manner, and there were suspicions of murder that were not adequately investigated by the respondent. The court exercised its inherent powers to transfer the investigation to the CBCID for fair and impartial investigation.
Issues: The issues were whether there was a failure on the part of the respondent to conduct a fair and unbiased investigation and whether the investigation should be entrusted to the CBCID due to such failure.
Ratio Decidendi: The court held that the investigation was not conducted in a proper and unbiased manner, and transferring the investigation to the CBCID was necessary to ensure a fair and impartial investigation.
Final Decision: The petition was allowed, and the case was directed to be transferred to the CBCID for fair and impartial investigation.
This petition has been filed under Section 482 Cr.P.C for a direction to transfer the investigation of the case registered in Cr.No.418 of 2007 on the file of Manavala Nagar Police Station, Tiruvallur District to the file of the Inspector of Police, CBCID, Tiruvallur.
2. The above said case was initially registered for alleged offences punishable under Section 279 and 337 IPC based on the information furnished by one Kumar, an auto-rickshaw driver to the effect that the deceased was found lying with injuries on the road side along with his motorcycle bearing Regn.No.TN-04 V-6672; that he suspected that some unidentified vehicle could have hit him and caused the injuries or that the deceased himself could have dashed his motorcycle against another motor vehicle and that he was able to find out the name and particulars of the deceased from the address found in his money purse when the deceased was admitted in the Government hospital, Tiruvallur for treatment. The said case was registered at 10.00 p.m on 111. 2007. The occurrence is said to have taken place at about 8.00 p.m on the same date. The deceased B.Dinesh Kumar, after having referred to and admitted in the Government General Hospital, Chennai for better management, succumbed to the injuries at 1.30 hours (a.m) on 111. 2007 without regaining consciousness. On receipt of the intimation regarding his death, the case was altered into one for an offence punishable under Section 304-A IPC and an alteration report prepared for that purpose was sent to the jurisdictional Magistrate on 111. 2007 itself.
3. After the alteration of the case into one for an offence punishable under Section 304A IPC, the Inspector of Police, Manavala Nagar Police Station conducted inquest and sent a requisition to the police surgeon for autopsy. Accordingly, autopsy was also conducted and the medical officer, who conducted autopsy, opined that the deceased appeared to have died of multiple injuries found on the dead body of the deceased. There was no opinion expressed by the medical officer, as to how and in what manner the injuries leading to the death of the deceased could have been caused. Under such circumstances, the petitioner seems to have submitted a representation in writing to the respondent police, marking a copy of the same to the following persons:- 1) the Honble Chief Ministers special cell, 2) the Honble Home Minister, Government of Tamil Nadu, 3) the District Collector, Tiruvallur District, 4) the Superintendent of Police, Tiruvallur, 5) the Deputy Superintendent of Police, Tiruvallur and 6) the Commissioner of Police, Chennai city. In the said representation, the petitioner had informed the respondent police that the deceased had a love affair with one Yamuna and in pursuance of the said love affair, they got married on 07.06.2006; that the said marriage was also registered; that the parents of the said Yamuna cunningly took her to their place after making a false promise that they would arrange for a marriage reception and clandestinely gave her again in marriage to one Veeraraghavan, son of Loganathan of Korattur; that after the said marriage, the said Veeraraghavan, who came to know the previous episode, started treating the said Yamuna with cruelty; that the said Yamuna wrote letters to the deceased informing him of the tortures she had to face in the hands of Veeraraghavan and her occasional impulse to commit suicide; that the said Veeraraghavan had also chosen to give complaint to the police to the effect that he was being threatened by the deceased and Yamuna and that there was every reason to strongly suspect that the death of Dinesh Kumar, son of the petitioner herein could be a planned murder and the same was reported to the police, as if it was a road accident through a person loyal to the said Veeraraghavan. It was also stated therein that the deceased had taken along with him a sum of Rs.60,000/-to make payment to the Teacher Training Institute towards fees;
