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IN THE HIGH COURT OF JUDICATURE AT MADRAS
L.VICTORIA GOWRI
Jeyalakshmi – Appellant
Versus
State of Tamil Nadu – Respondent
ORDER :
1. This criminal original petition has been filed seeking a direction to transfer of the investigation of the FIR in Crime No. 532 of 2023 dated 19.11.2023 pending on the file of the 2nd respondent to the 4th respondent for conducting a fair investigation and file charge sheet before concerned Court.
2. The case of the prosecution is that the petitioner herein is running a petty shop and living with her son and daughter. On 19.11.2023, when the petitioner went to her shop and returned to home around 8.30 p.m., she found her almirah broken and 28 sovereigns of gold jewels and a sum of Rs.90,000/- was missing. On receipt of complaint, a case was registered in Crime No.535 of 2023 for the offence under Sections 380 of IPC on 19.11.2024. Even after a lapse of 12 years, there is no progress in the investigation. Hence, the petition.
3. The petitioner alleges that the third respondent police neither came to the house of the petitioner nor conducted the investigation properly and no effective investigation has been undertaken though 12 years have passed and no progress has been made. If the investigation is continued by the second respondent, the real culprits would escape from the c
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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