IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice P. VELMURUGAN
D. Vijayalakshmi, W/o N.Devaraj – Appellant
Versus
State of Tamil Nadu, represented by The Secretary, Home Department – Respondent
ORDER :
P.Velmurugan, J.
The petitioner-in-person has filed this Writ Petition praying for issuance of a Writ of Mandamus to direct the first respondent to transfer the further investigation in Crime Number 1226 of 2017 on the file of the fifth respondent to the fourth respondent and in turn, direct him to form a special investigation team to conduct further investigation as per the order dated 06.02.2023 and 06.07.2024 passed by the Additional Mahila Court of Coimbatore in Crl.M.P.No.9129 of 2022 and Crl.M.P.No.20463 of 2024.
2. Heard the petitioner-in-person and the learned Additional Public Prosecutor appearing for the respondents 1 to 3 and 5 and Mr.K.Srinivasan, learned Special Public Prosecutor appearing for the fourth respondent and inspite of notice having been served, there is no appearance for the sixth and seventh respondents.
3. The case of the petitioner, in brief, is as follows:
(a) The petitioner and her son are the owners of the property bearing Door No.288-291, M.N.G.Street, Gandhi Park, Coimbatore-641 001, by virtue of the Will executed by the petitioner's brother Mr.Gopalsamy and the petitioner is in possession of the said property along with tenants till 13.03.2010.
The police have a statutory duty to conduct fair investigations; if they fail, the court may intervene to ensure adherence to constitutional rights.
The court established that the right to a fair investigation is fundamental, and failure by the police to uphold this right necessitates judicial intervention.
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If a citizen, who is a defacto complainant in a criminal case alleging commission of a cognizable offence affecting violation of his legal or fundamental rights against influential persons, prays bef....
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