The state has a non-delegable duty to conduct effective investigations in criminal cases, failing which victims are entitled to compensation under Article 21.

COMMON ORDER

These batch of criminal original petitions have been filed by the respective petitioners seeking appropriate directions to the respondent police either to conduct further investigation, or to transfer the investigation to another agency, or to file the final report within a time frame fixed by this Court, in respect of cases which have been reported as “Undetected”.

Crl.OP(MD)No.10290 of 2025:-

2.The petitioner is the defacto complainant in Crime No.42 of 2022 registered for the offences under Sections 380, 454 and 457 IPC on 03.06.2022. The petitioner, who resides at Karaikudi, had gone to attend a function at Pallathur and thereafter to Neyveli to stay with her husband, who was employed at NLC. On 01.06.2022, she was informed that her house had been broken open. Upon returning, she found that jewels weighing 67 sovereigns and cash of Rs.1,57,800/- were stolen.

3.It is the petitioner’s grievance that despite production of CCTV footage showing five unidentified persons breaking into her residence, no meaningful investigation has been conducted and no final report has been filed even after more than three years.

4.Learned Additional Public Prosecutor submitted that the final report has been filed as “Undetected”, as no usable fingerprints were obtained and that the suspects traced to Maharashtra could not be apprehended.

Crl.OP(MD)No.10329 of 2025:-

5.The petitioner is the defacto complainant in Crime No.953 of 2015 dated 10.11.2015 for the offences under Sections 380 and 457 IPC. The petitioner had locked her house on 09.11.2015 and upon return on the next day, found the grill gate broken and jewels and cash worth Rs.8,81,000/-stolen.

6.The petitioner contends that the fourth respondent Police did not investigate properly, despite a memorandum dated 03.12.2015 and reminder dated 11.05.2019 issued by superior officers pointing out serious lapses. Nevertheless, a final report was filed as “Undetected” on 28.05.2022.

It is alleged that the RCS notice was not served on her.

7.Learned Additional Public Prosecutor, upon verification, admitted that RCS notice was not in fact served on the petitioner.

Crl.OP(MD)No.10659 of 2025:-

8.The petitioner is a retired Chief Assistant Director of the Sivagangai Co-operative Administrative Centre. He and his wife had left for Bangalore on 28.07.2023. During their absence, their house was broken open and jewels worth Rs.15,30,500/- and cash Rs.40,000/- were stolen. Crime No. 236 of 2023 was registered for offences under Sections 380 and 457 IPC.

9.It is the petitioner’s grievance that though he was initially informed of the arrest of a suspect, the person was later released and the real offenders have not been identified.

10.Learned Additional Public Prosecutor submitted that the final report has been filed as “Undetected” in RCS No.478 of 2025.

Crl.OP(MD)No.11358 of 2025:-

11.The petitioner is the defacto complainant in Crime No.657 of 2021 registered on 04.09.2021 for the offences under Sections 380 and 454 IPC. The petitioner had left his home in the morning and, upon returning in the evening, found that gold, silver ornaments and cash worth Rs.1,95,000/- had been stolen.

12.The petitioner contends that there has been no progress in investigation for over four years.

13.Learned Additional Public Prosecutor submitted that the investigation was completed and a final report has been filed as “Undetected”, and that RCS notice was served on the complainant.

Crl.OP(MD)No.12469 of 2025:-

14.The petitioner is the defacto complainant in Crime No.850 of 2018 dated 28.12.2018 under Sections 380, 45