IN THE HIGH COURT OF JUDICATURE AT MADRAS
PUSHPA SATHYANARAYANA, KRISHNAN RAMASAMY, JJ.
V. Kumar - Appellant
Versus
The Superintendent of Police, Central Bureau of Investigation, Chennai & Others - Respondent
W.A. No. 2351 of 2021
Decided on : 21-09-2021
Constitution of India, 1950 - Article 226 - Power to transfer an investigation - Transfer of investigation - Letters Patent - Appeal against order of learned single Judge made in W.P., by which writ court, declined relief sought for by appellant/writ petitioner to direct Inspector of Police to withdraw himself from investigating case in Crime, pending on his file and transfer investigation to Superintendent of Police, Central Bureau of Investigation, Chennai and direct him to investigate same - Held, Court held that so long as investigation does not violate any provision of law, investigating agency is vested with the discretion in directing the course of investigation, which includes determining nature of questions and manner of interrogation - Investigating agency is entitled to decide “the venue, timings and questions and the manner of putting such questions” during course of investigation - Court do not find any error or infirmity in order of learned single Judge, declining to transfer investigation to CBI - Court hope that the investigating agency address all issues raised by appellant in accordance with law, as dream of son of appellant, so also appellant is nibbed in bud and it is on own volition or on violation has to be unearthed - If investigating agency fails to do so, it is open to appellant to take out appropriate application before competent criminal Court, and Court will deal with matter in accordance with law without influenced by the observations made by Writ Court - Writ appeal is dismissed.
JUDGMENT :
Pushpa Sathyanarayana, J.
(Prayer: Writ Appeal filed under Clause 15 of Letters Patent against the order dated 29.01.2021 in W.P.No.5519 of 2020.)
1.This intra-court appeal is directed against the order of the learned single Judge dated 29.01.2021 made in W.P.No.5519 of 2020, by which the writ court, declined the relief sought for by the appellant/writ petitioner to direct the Inspector of Police, Karamadai to withdraw himself from investigating the case in Crime No.354 of 2019, pending on his file and transfer the investigation to the Superintendent of Police, Central Bureau of Investigation, Chennai and direct him to investigate the same.
2. The case of the appellant herein/writ petitioner is that, his son K.Harish, who studied 11th Standard in Vidya Vikas School, Karamadai, Coimbatore, by staying in the hostel run by the School, committed suicide on 19.12.2019 by hanging himself in the fan of the hostel room and the same was informed to the petitioner at 4.00 p.m., by one Nagarajan, Sub-Inspector of Police, Karamadai. Suspecting the cause of death of his son and the circumstances narrated by the Sub-Inspector of Police and the School Authorities for the death of his son Harish and having not satisfied with the manner in which the investigation was conducted, the appellant has filed the writ petition for the above relief.
3. The learned single Judge, upon hearing the arguments of both sides, and after perusing the case diary with regard to Crime No.354 of 2019, dismissed the writ petition on 29.01.2021. The penultimate and the concluding paragraphs of the order are extracted hereunder for better understanding:
12. In view of the same, this Writ Petition is dismissed. However, it is open for the petitioner to produce any materials to the Investigation Officer, if available, to put forth and substantiate his contention. In such case, the investigating officer to receive and to consider the same. However, there shall be no order as to costs.
Aggrieved by the dismissal of the writ petition, father of the deceased filed the instant writ appeal.”
4. Heard the learned counsel for the appellant and the learned Government Advocate appearing for the respondents 2 to 6 and perused the materials available on record in the form of typed set of papers. Notice is not ordered to the first respondent, in view
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