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IN THE HIGH COURT OF JUDICATURE AT MADRAS
L.VICTORIA GOWRI
Mary Stella – Appellant
Versus
Superintendent of Police, Kanyakumari – Respondent
| Table of Content |
|---|
| 1. petitioner's theft case facts and lack of investigation. (Para 2 , 3) |
| 2. the impact of undetected crime on victim's rights. (Para 4 , 14) |
| 3. state's duty to conduct effective investigations and protect victims. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 19 , 20) |
| 4. responsibility of the state in failure to investigate leading to victim compensation. (Para 21 , 22 , 23) |
| 5. court's orders for compensation and procedural accountability. (Para 25 , 26 , 27 , 28 , 29 , 30) |
ORDER :
1. This criminal original petition has been filed to issue a direction to transfer the investigation in Cr. No. 215 of 2017 from the file of the third respondent to file of the fourth respondent and consequently, and to direct the fourth respondent to conduct proper investigation in an expeditious manner within the stipulated period.
2. The case of the prosecution is that the petitioner is running a small shop near her house. On 11.06.2027, while she was in the said shop at around 08.00 p.m. one unkonwn person came into the shop and snatched 60 grams of gold chain (Mangal Sutra) from the neck of the petitioner valued at about Rs.4,50,000/-. On receipt of complaint, a case was registered in Crime
The State's failure to conduct effective investigations violates victims' rights under Article 21, necessitating compensation and accountability for systemic failures.
The state has a non-delegable duty to conduct effective investigations in criminal cases, failing which victims are entitled to compensation under Article 21.
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