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N. ANAND VENKATESH
Palani Balaji – Appellant
Versus
Director General of Police, Dr. Radhakrishnan Salai, Chennai – Respondent
The court found that the investigation conducted in the case was not proper or objective, with significant procedural irregularities such as witnesses being examined before the registration of the first information report and relevant documents not being properly prepared or maintained. These deficiencies suggested that the investigation was conducted in a slipshod manner, which could potentially lead to the acquittal of all accused persons if the proceedings continued on the basis of the existing final report. The court emphasized that fair investigation is a constitutional right and that the investigation must be transparent, unbiased, and conducted in accordance with legal standards to ensure justice. Due to these serious lapses, the court exercised its jurisdiction to order a de novo investigation, transferring the case to an independent authority to conduct a fresh and proper investigation within a specified timeframe.
JUDGMENT
(Prayer: Petition under Section 482 of the Criminal Procedure Code praying to direct the respondent to re-investigate the case in C.C.No. 33 of 2022 on the file of the learned Judicial Magistrate, Thirukovilur.)
This is a petition filed by the petitioner seeking for reinvestigation of the case pending in C.C.No.33 of 2022 on the file of the learned Judicial Magistrate, Thirukovilur.
2. The case of the petitioner is stated as hereunder :
(i) The petitioner, who is the defacto complainant, lodged a complaint before the second respondent to the effect that on 13.2.2013, one Mr.Saravanan executed a mortgage deed dated 13.2.2008 for a sum of Rs.1 lakh. As the said Mr.Saravanan was not able to replay the amount, he executed another mortgage deed dated 24.11.2008 after cancelling the earlier mortgage deed dated 13.2.2008. Further, due to his financial crunch, the said Mr.Saravanan executed a power of attorney dated 16.4.2009 in favour of the mother of the petitioner and based on that, a sale deed came to be executed in favour of the petitioner on 24.6.2010 and it was registered as Doc. No.3026 of 2010. Thereafter, the petitioner was in possession and enjoyment of th
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