Under Section 528 BNSS, court can order transfer of investigation even after filing of final report if investigation lacks credibility and impartiality, especially in heinous crimes like acid attack where victim's right to fair trial is at stake.

ORDER

Preface:

This Criminal Original Petition has been filed invoking the jurisdiction of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking transfer of investigation in Crime No.58 of 2023 from the file of the third respondent Police to the file of the fourth respondent, on the ground that the investigation conducted so far is unfair, biased, and tainted by alleged collusion with the real accused, resulting in grave prejudice to the petitioner, who is a victim of an acid attack.

Case of the prosecution:

2. The case of the petitioner, in brief, is that she is a widow residing within the jurisdiction of the third respondent Police Station. Her husband deserted her nearly 28 years ago after the birth of a male child. Despite severe personal and economic hardship, the petitioner single-handedly raised her son, provided him with education, and enabled him to secure employment in the Indian Army.

3. The petitioner eked out her livelihood by working as a daily wage labourer in a cashew nut factory and subsequently availed a housing loan from the State Bank of India, constructed a residential house for her son, and ensured prompt repayment of the loan instalments. Thereafter, with the intention of sustaining herself, the petitioner established a flour mill at Chithirancode in Kanyakumari District.

4. It is the specific case of the petitioner that a neighbouring shop owner, namely Muthukutty, aged about 60 years, repeatedly subjected her to sexual harassment, taking advantage of her status as a widow. When the harassment became unbearable, the petitioner informed one of her relatives, who is also serving in the Indian Army. Upon intervention and warning issued to the said Muthukutty, he lodged a false complaint against the petitioner and her relative before the Kotticode Police Station in February 2023, which, after enquiry, was closed.

5. According to the petitioner, the harassment did not cease. On 30.03.2023, when the petitioner was alone in her flour mill, the said Muthukutty trespassed into the premises and attempted to molest her, and upon resistance, threatened her with dire consequences.

6. On the very same night, at about 8.00 p.m., after closing her shop, the petitioner boarded a Government bus from Chithirancode and alighted at Madathoorkonam Junction. While she was walking towards her residence, two unknown persons followed her on a two- wheeler and poured acid on her body, causing grievous burn injuries on her right arm, chest, thigh and other parts of the body.

7. On hearing her cries, neighbours rushed to the spot, rescued her, and admitted her to Jaya Hospital, Kulasekaram, where she underwent treatment till 06.04.2023, incurring medical expenses exceeding Rupees One Lakh. During her hospitalisation, the petitioner informed the third respondent Police about her prior enmity with the said Muthukutty.

8. The petitioner alleges that though Muthukutty was initially arrested, he was later shielded by the third respondent Police, who falsely implicated Justin Kiruba Dhas, the petitioner’s brother-in- law, who had supported her throughout her life. It is further alleged that defamatory news items were published portraying the petitioner as having orchestrated the attack for personal gain.

9. Aggrieved thereby, the petitioner approached this Court earlier in Crl.O.P.(MD) No.12186 of 2023, seeking proper investigation by a woman police officer. By order dated 06.07.2023, this Court directed that the remaining investigation be conducted by a woman police officer and that the investigation be expedited.

10. Pursuant to the said order, the investigation was transferred to Thiruvattar Police Station, where a woman Station House Officer conducted enquiry, recorded statements, and visited the shop of the said Muthukutty. During this stage, Muthukutty lodged a fresh complaint after a delay of nearly 15 months before the District Crime Branch, alleging loan transactions against the petitioner, which, according t