Madras High Court
Rajalakshmi vs Superintendent Of Police on 8 August, 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.08.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Crl.O.P.No.17824 of 2023
and Crl.M.P.No.11733 of 2023
Rajalakshmi ..
Petitioner
Vs.
1.Superintendent of Police,
Cuddalore District,
Cuddalore.
2. The Inspector of Police,
Muthandikuppam Police Station,
Cuddalore District,
(Crime No.364 of 2022)
3. The Inspector of Police,
CBCID,
Cuddalore District,
Cuddalore. ..Respondents
PRAYER : Criminal Original Petition filed under Section 482 of the Code of
Criminal Procedure, to call for the records with regard to the final report filed in S.C.
No.85 of 2023 on the file of the I Additional District and Sessions Judge, Cuddalore
and set aside the same and consequently direct the 1st respondent to transfer the
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investigation in Crime No.364 of 2022 from the 2nd respondent to any other
investigating agent for further investigation and to file the final report a fresh.
For Petitioner : Mr.C.V. Ilangovan
For Respondents : Mr.A.Damodaran
Additional Public Prosecutor
ORDER
This petition has been filed seeking for transfer of investigation in Crime
No.364 of 2022 and also to set aside the final report that has been filed by the
respondent police which has been taken on file by the Court below in S.C.No.85 of
2023.
2.The grievance of the petitioner is that there has been an absolute slipshod
investigation on the part of the respondent police and even though, the section has
been altered to offence under Section 302 of PC, there is absolutely no material to
sustain the same and the investigation has been done only to enable the accused
persons to go scot.
3.The petitioner had earlier filed Crl.O.P.No.4436 of 2023 seeking for the relief
of transfer of investigation in Crime No.364 of 2022 and this Court by an order dated
13.06.2023 disposed of the petition on the ground that the final report has already
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been taken on file by the Court below in S.C.No.85 of 2023 and hence, there is no
scope for transferring the investigation.
4.The petitioner who is the defacto complainant is not satisfied with the
manner in which the investigation had taken place and the consequent final report
that has been filed before the Court below. Therefore, the petitioner has now
challenged the final report that was taken on file by the Court below and is also
seeking for transfer of investigation.
5.In the considered view of this Court, the final report has now been filed
before the Court below and the Court below is yet to frame charges. It is seen from
the proceedings of the Court below dated 31.07.2023 that the case is now posted on
14.08.2023 for framing charges.
6.The final report has already been filed and it has been taken on file by the
Court below. At this stage, there is no scope for transferring the investigation. The
Apex Court in Vinubhai Haribhai Malaviya & Others vs. The State of Gujarat &
Another reported in 2019 (3) MWN (Crl) 349 has revisited the law and it was
categorically held that the Magistrate can order for further investigation even after
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taking cognizance of the final report till the commencement of trial. It was further
held that Section 156(3) of Cr.P.C., can be resorted to and the power for further
investigation can be exercised even post-cognizance.
7.It is clear from the above judgment that the trial Court itself has been given
very wide powers to ensure that justice is not denied to the defacto complainant and if
the trial Court is not convinced with the materials placed before the Court, the trial
Court can always order for a further investigation and it is not necessary for the trial
Court to even wait for an application to be filed in this regard from the side of the
defacto complainant or from the side of the prosecution. This shall be kept in mind by
the Court below and the Court below shall go through the materials that have been
collected and satisfy itself whether an effective investigation had taken place in this
case. If not, it is always left open to the trial Court to order for a further investigation
and it is also left open to the trial Court to direct the investigation to be monitored by
the Superintendent of Police, if the situation so warrants. Except giving this clarity, no
further orders can be passed in this criminal original petition.
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8.This criminal original petition is disposed of in the above terms.
Consequently, connected miscellaneous petition is closed.
08.08.2023
Index : Yes/No
Internet : Yes/No
Neutral Citation : Yes/No
ssr
Note: Issue Order Copy on 11.08.2023
To
1.The I Additional District and Sessions Judge,
Cuddalore.
2.The Superintendent of Police,
Cuddalore District,
Cuddalore.
3.The Inspector of Police,
Muthandikuppam Police Station,
Cuddalore District,
4.The Inspector of Police,
CBCID,
Cuddalore District,
Cuddalore.
https://www.mhc.tn.gov.in/judis
N.ANAND VENKATESH, J
ssr
5.The Public Prosecutor
High Court of Madras,
Madras.
Crl.O.P.No. 17824 of 2023
and Crl.M.P.No.11733 of 2023
08.08.2023
https://www.mhc.tn.gov.in/judis
