O R D E R

This petition has been filed seeking to direct the 1st respondent to transfer the investigation in Crime No.388 of 2018 on the file of the 3rd respondent to the 4th respondent and order for re-investigation by the 4th respondent.

2.The case of the prosecution in brief:-

The petitioner, who is the de-facto complainant has lodged a complaint before the 3rd respondent police with the following allegations:- She had three sons and two daughters. Her 2nd daughter by name Selvakumari was married to one Prabhu on 01.05.2013. At the time of marriage, she was given 30 sovereigns of gold jewels and Rs.2,00,000/- cash as dowry. After the marriage, she was residing with her husband in the matrimonial home and also working in a private school. After the marriage, there was some sort of dispute between the husband and wife with regard to pledging of jewels by the husband and his family members. On 25/11/2018, after attending a function in the petitioner's son-in-law house, her 2nd daughter was forcibly taken to the matrimonial home by her husband. Thereafter, the petitioner received a phone call from her daughter and at that time, her son-in-law abusing her daughter in obscene words and the phone was disconnected. Thereafter, the petitioner was attempted to call her daughter. But however, she could not contact her. The petitioner received the information that her daughter was admitted in a private hospital at Nagercoil. On 26/11/2018, the petitioner went to the hospital. At that time, she was covered with bed sheet and found that there was a grievous injury on her neck and burn injuries were also found on her both hands. On seeing her son-in-law, she enquired him with regard to the injuries sustained by her daughter, resulting in quarrel between them. Ultimately, the petitioner was threatened by her son-in-law and his friends. On the information by the hospital authorities, the 3rd respondent police visited the hospital and at the time, the petitioner was instructed to give a written complaint. Since the petitioner is an illiterate woman, the police has obtained her signature in blank papers. Thereafter, no action was taken on the side of the police. When the petitioner questioned the police with regard to status of the complaint, the police has informed that they would take action against the offenders only after recovery of the victim from her injuries. On 04/12/2018, it was informed by the hospital authorities that the petitioner's daughter died. After the death of the petitioner's daughter, the Sub Collector, Nagercoil, came to the hospital for enquiry. The petitioner has clearly narrated the entire events to the Sub Collector, which was recorded in the form of writing. Even after the death of the petitioner's daughter, there was no action on the part of the 3rd respondent police as against the offenders. Thereafter, it came to understand that a case in Crime No.388 of 2018 was registered under section 174 Cr.P.C. However, there is progress in the investigation. Hence, the petitioner has filed this petition seeking transfer of the investigation.

3.Heard both sides.

4.The entire CD file has been called for and perused.

During the course of argument, the learned counsel appearing for the petitioner would take me through various circumstances as well as the statement of the witnesses that have been recorded during the course of investigation.

5.No doubt that there is some suspicious and doubt with regard to the manner of incident. After the occurrence, it appears that the deceased was taken in a two wheeler by her husband to a private hospital and later, she was shifted to the Government hospital. When a burn injury has been suffered by the deceased, it is unbelievable that she was taken in a two wheeler to the private hospital. Similarly, another circumstance creates doubt is that the neighbours have also given statement that they are not aware of the said incident on the particular day of night and the incident came to be noticed o