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IN THE HIGH COURT OF JUDICATURE AT MADRAS
L.VICTORIA GOWRI
H. Velavadhas – Appellant
Versus
State of Tamil Nadu – Respondent
ORDER :
1. This Criminal Original Petition has been filed to direct the respondent police to consider the petitioner's representation dated 26.11.2025 to recover the jewels by conducting further investigation or to compensate the petitioner since the case was originally closed as undeducted.
2. The learned counsel for the petitioner submitted that the petitioner has given a complaint with respect to the theft of 22 Sovereigns of his gold jewels on 20.06.2010, following which a FIR in Crime No.338 of 2010 was registered for the offences under Section 457 and 380 of IPC [ Sections 331(4) and 305 of BNS] on 20.06.2010. After investigation, the same was closed as undetected. Pursuant to the same the petitioner filed a petition in Crl.MP.No.4094 of 2014 seeking further investigation and the learned Judicial Magistrate, Melur, by order dated 29.01.2014 directed the investigating officer to conduct further investigation and ordered to file a final report as expeditiously as possible. Despite lapse of eight months, there was no proper progress in the matter. Even the petitioner was not called for any enquiry and they have failed in their duty. Therefore, the petitioner has approached this Co
The state has a non-delegable duty to conduct effective investigations in criminal cases, failing which victims are entitled to compensation under Article 21.
The State's failure to conduct effective investigations violates victims' rights under Article 21, necessitating compensation and accountability for systemic failures.
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