Madras High Court
P.Kayalvizhi vs State Represented By on 5 July, 2023
Crl.O.P.No.14212 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.07.2023
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
Crl.O.P.No.14212 of 2022
and
Crl.M.P.No.7762 of 2022
P.Kayalvizhi ... Petitioner
Vs.
1.State Represented by
The Superintendent of Police,
Central Bureau of Investigation,
Special Crime Branch,
Rajaji Bhavan, Besant Nagar,
Chennai – 600 090.
2.The Inspector of Police,
Central Bureau of Investigation,
Special Crime Branch,
Rajaji Bhavan, Besant Nagar,
Chennai – 600 090.
(RC3(S)/2015-CBI/SCB-Chennai) ... Respondents
Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to
direct the first respondent to conduct the further investigation in S.C.No.6 of
1/12
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Crl.O.P.No.14212 of 2022
2017 (RC3(S)/2015-CBI/SCB-CHENNAI) on the file of the learned
Assistant Sessions Judge at Puducherry.
For Petitioner : Mr.M.Palanivel
For Respondents : Mr.K.Srinivasan,
Special Public Prosecutor
ORDER
This Criminal Original Petition is filed seeking further investigation of
a case investigated by CBI in which the trial completed and awaiting for
judgment.
2. The petitioner is the mother of the deceased-Priyadharshini,
who was pursuing her MBBS course in a private College at Puducherry. On
16.05.2012 at about 8.30 p.m., she was last seen alive by her hostel mates
viz., Nandhini and Umadevi. Next day morning her room No.28 was locked
inside. The Warden of the Hostel drew suspicion, had broke open the room
and found Priyadharshini was hanging. Complaint was given to the local
police on the same day and the same was taken up for investigation.
Suspecting that the police trying to steal the real culprit, Kayalvizhi, the
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Crl.O.P.No.14212 of 2022
mother of the deceased has approached this Court seeking transfer of
investigation.
3. Accordingly, this Court vide order dated 08.06.2012 transferred
the investigation to CB-CID. CB-CID, which took up the investigation, after
recording the statement of witnesses, came to conclusion that it is a case of
suicide and the girl has committed suicide due to love failure and the
suspicion of the Kayalvizhi, the mother of the deceased that her daughter
was subjected to sexual harassment by the College Management is
unfounded. Then again, the petitioner had knocked the doors of justice by
filing Crl.O.P.No.32991 of 2014 seeking further investigation of Crime
No.74 of 2012 which was culminated in closure report by CB-CID.
4. This Court after giving anxious consideration to the
submissions made by the petitioner, the mother of the deceased, in the
interest of justice, to unravel, the mystery behind the death of
Priyadharshini, directed CB-CID to handover the Case Diary and all the
materials to the CBI for the purpose of investigation.
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Crl.O.P.No.14212 of 2022
5. In reverence to the order passed by this Court on 23.04.2015,
in Crl.O.P.No.32991 of 2014, CBI has taken up the investigation, completed
it and had filed final report before the learned Chief Judicial Magistrate,
Puducherry, wherein, one Pradeep Kumar @ Pradeep, was shown as
accused. The learned Chief Judicial Magistrate, Puducherry, on perusal of
the records had framed charge under Section 306 IPC against the said
Pradeep Kumar and has commenced a trial. 22 witnesses were examined on
behalf of the prosecution, including the petitioner herein who was examined
as P.W.19, her daughter Priyanandini, who is the elder sister of the deceased
as P.W.20. The trial Court had put incriminating circumstances to the
accused as questions under Section 313 of Cr.P.C., and the same has been
answered by the accused. The case is posted for arguments.
6. At this juncture, the present petition is filed alleging that the
petitioner, the mother of the deceased, was not aware of the completion of
investigation by the CBI and the statement under Section 161 Cr.P.C.,
alleged to have been recorded by CBI is not true. Consistently, she had been
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Crl.O.P.No.14212 of 2022
alleging that her daughter was not in any love affair but being complaining
about sexual harassment by the College Management and in spite of that, to
favour the Management, CBI had mislead the Court by filing a final report
against Pradeep.
7. Learned counsel appearing for the petitioner also submitted that
the post-mortem report indicates external injury whereas the witness has
suppressed the same, particularly, one Mr.S.Manicka Deepan, who is listed
witness No.23 and examined by the Court, as P.W.16.
8. Learned Special Public Prosecutor for CBI has filed a counter
wherein, it has been stated that the allegations made in the petition for
further investigation causing aspersion against CBI investigation is
motivated and bereft of truth. After the investigation entrusted to CBI by the
order of this Court, a detailed investigation has been done and among the
materials being collected which has positively indicted the said Pradeep,
who had sent SMS to the deceased casting aspersion on her character which
has triggered Priyadharshini to commit suicide. The close friends of the
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Crl.O.P.No.14212 of 2022
deceased who were her hostel mates have disclosed the intimacy of
Priyadharshini with Pradeep and later breakup. Also the suspicion of the
petitioner about sexual harassment by the Management was thoroughly
investigated and found that the said allegation is vague and unfounded.
Investigation did not reveal anything about sexual harassment being meted
out to the deceased.
9. In the light of the rival submissions, this Court has to find out
whether, the voice of the mother, who had knocked the doors of this Court
thrice earlier being again stifled by improper investigation by the CBI. Went
through the documents placed in detail and after giving anxious
consideration, finds that the allegations made by the petitioner herein
regarding sexual harassment is not only an illusionary allegation but also to
safeguard the honour of the daughter, who had died due to love failure and
this Court has every reason to believe that the petitioner is pursuing the
matter by targeting the Management for some ulterior motive.
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Crl.O.P.No.14212 of 2022
10. This conclusion being arrived by this Court because the
petitioner had introduced a document alleged to have been given by her to
the Sub Inspector of Police, Thirubhuvani Police Station, Puducherry on
18.05.2012 wherein she has stated about her suspicion in the death of her
daughter and the information given by her daughter, day before her death
about sexual harassment meted out to her, by the College Management.
This complaint alleged to have been dated 18.05.2012 addressed to Sub
Inspector of Police and also a copy seem to be marked to the Superintendent
of Police, Rural Senior Grade Superintendent of Police DIG, Puducherry,
but there is no peace of evidence that this complaint has been given to the
persons to whom it is addressed, on the day, it is mentioned. Whereas, this
Court is able to find a seal of learned Chief Judicial Magistrate, Puducherry
which is dated 11.11.2014.
11. That apart, in this complaint, when the petitioner claims to be
the first person to express her suspicion, does not disclose anything about
the specific allegation of sexual harassment against any specific individual
but a vague reference that her daughter was subjected to sexual harassment
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Crl.O.P.No.14212 of 2022
by the College Management. That apart, as pointed out by the learned
Special Public Prosecutor for CBI when the Court interfered and changed
the investigation agency and entrusted the investigation to CBI, statements
were recorded and the petitioner also given her statement. In that statement,
she had improvised her allegation. However, that was not found to be
correct, in view of the statements of the other witnesses, particularly, the
room-mates of the deceased.
12. Right from inception, this Court able to see the petitioner keep
on improvising her case and for some reason or other believes that her
daughter committed suicide because of sexual harassment by the
Management, whereas, the investigation indicates otherwise.
13. For the sake of substantiating her suspicion, she had been
adviced to make false averments, particularly, in her petition for further
investigation, she admits that CBI had recorded her statement but it is
submitted before this Court that CBI never recorded her previous statement
before completing the investigation and she came to know about the filing of
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Crl.O.P.No.14212 of 2022
final report only when she was summoned to give evidence. As pointed out
earlier, the petitioner and her elder daughter were examined by the
prosecution as P.W.19 and P.W.20. The petitioner herein was examined on
17.12.2021. For the first time she had come out with details about certain
persons in the Management whom according to her caused sexual
harassment. Those, names were not reflected in her alleged complaint dated
18.05.2012 or in her statement given to the Sub Divisional Magistrate
recorded the statement on 18.05.2012. Similarly, the argument placed by
the learned counsel appearing for the petitioner that the post-mortem report
indicates that there was external injury on the body of the deceased also not
correct.
14. On perusal of the post-mortem report, the injury noted are tell-
tale marks of suicide by hanging and nothing more. The petitioner before
the trial Court was called by the prosecution to give evidence. Contra to her
previous statements she has deposed, hence, allowed to be cross examined
by the prosecution, by declaring her as hostile witness. Even in her chief
examination, she has admitted that the day before her death, her daughter
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Crl.O.P.No.14212 of 2022
did not complain about Sukumar or any other person in the Management. It
was 6 months prior to her death, she heard complaint about Sukumar from
her daughter. This fact of admission by Kayalvizhi, who was examined as
P.W.19 had demolished all her allegations about sexual harassment by the
Management and the complaint of her daughter the day before her death.
15. Having understood that she has demolished her own case, she
has come before this Court to seek further investigation, after participating
in the trial conducted, based on the CBI investigation at her behest. Though,
this Court wants to impose cost on the petitioner for filing this frivolous
petition with ulterior motive, however, taking note of the fact that having lost
her daughter who had a promising future, she had been driven by frustration
and making wild allegation out of her imagination forcing three different
agencies to investigate. Consistently all the 3 agencies has atleast come out
with an uniform opinion that Priyadharshini, daughter of the petitioner did
not die due to sexual harassment by the Management. No cost imposed.
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Crl.O.P.No.14212 of 2022
16. In the result, the Criminal Original Petition is dismissed.
Consequently, connected miscellaneous petition is closed.
17. The trial Court is directed to proceed and deliver judgment at
the earliest. This judgment confined only to the prayer sought in this
petition and shall have no bearing in the decision of the trial Court.
05.07.2023
Index : Yes/No
Neutral Citation : Yes/No
AT
To
1.The Assistant Sessions Judge, Puducherry.
2.The Superintendent of Police,
Central Bureau of Investigation,
Special Crime Branch,
Rajaji Bhavan, Besant Nagar,
Chennai – 600 090.
2.The Inspector of Police,
Central Bureau of Investigation,
Special Crime Branch,
Rajaji Bhavan, Besant Nagar,
Chennai – 600 090.
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Crl.O.P.No.14212 of 2022
Dr.G.JAYACHANDRAN,J.
AT
Crl.O.P.No.14212 of 2022 and
Crl.M.P.No.7762 of 2022
05.07.2023
https://www.mhc.tn.gov.in/judis
