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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
L.VICTORIA GOWRI
Suba – Appellant
Versus
State of Tamilnadu, Rep by the Superintendent of Police, Nagercoil, Kanyakumari – Respondent
ORDER :
L. VICTORIA GOWRI, J.
This Criminal Original Petition is filed to transfer the Investigation in Crime No.92/2022, from the 4th respondent to some other investigation agency.
2. Learned counsel for the petitioner submitted that the petitioner is the defacto complinant, on her instance the first information report in Crime No.92 of 2022 was registered by the fourth respondent police with respect to the break opening of his house and theft which happened on 16/7/2022. However, there is no progress in the investigation, hence this petition.
3. The Learned Government Advocate submitted that investigation has been conducted and one Raja sekar was arrested and on his confession one Vijay was also arrested and remanded to judiciail custody. From the accused persons 136.65 grams of gold jewels had been recovered. Final report has been filed before the learned Judicial Magistrate No.III, Nagercoil in C.C.No.1486 of 2025 on 12.12.2025, altering the offence.
4. The learned counsel for the petitioner further submitted that totally 46 sovereigns of gold jewels were stolen and since there was no progress in the investigation, he already had filed a Crl.O.P(MD)No.2062 of 2024 before this Court,
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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