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IN THE HIGH COURT OF JUDICATURE AT MADRAS
L.VICTORIA GOWRI
P. Thomas – Appellant
Versus
Superintendent of Police, Kanyakumari – Respondent
ORDER :
1. This Criminal Original Petition is filed to transfer the investigation in Cr. No.335/2022 from the file of third respondent to file of the fourth respondent and consequently direct the fourth respondent to conduct proper investigation in an expeditious manner within the stipulated period.
2. Learned counsel for the petitioner submitted that the petitioner who is the defacto complainant, had lodged a complaint before the third respondent police on 28.07.2022 with respect to missing of jewellery. In this regard, FIR was registered in Cr.No.335/2022.
3. The petitioner alleges that the third respondent police has not conducted the investigation properly and no substantial progress has been made. Though four years have passed, no charge sheet has been filed. If the investigation is continued by the third respondent, the real culprits would escape from the clutches of law.
4. When the matter is taken up for hearing, the learned Government Advocate (Crl.Side) appearing for the respondent police would submit that after completion of investigation, the case has been closed as “Undetected” and RCS notice has also been served to the petitioner.
5. This Court paid it's anxious considerat
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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