Madras High Court
Mrs. Jennifer vs The Director Of Police on 9 December, 2019
Author: M.Dhandapani
Bench: M.Dhandapani
Crl.OP.No.30983/2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.12.2019
CORAM
THE HONOURABLE MR. JUSTICE M.DHANDAPANI
Crl.O.P.No.30983 of 2014
Mrs. Jennifer ... Petitioner
Versus
1.The Director of Police,
Mylapore,
Chennai 600 004.
2.The Commissioner of Police,
Chennai Police,
Vepery, Chennai 600 007.
3.The Inspector of Police,
Tada Police Station,
Vellore District. ... Respondents
PRAYER: Criminal Original Petition is filed under Section 482 of the
Code of Criminal Procedure, to transfer the case in Crime No.208 of
2014 on the file of Inspector of Police Tada Police Station Nellore
District Andhrapradesh to CBCID Chennai to Secure the ends of
Justice.
For Petitioner : Mr.R.Sankarasubbu
For R1 : Mr.E.Iyyapparaj, APP
ORDER
1. This Criminal Original Petition has been filed by the petitioner to transfer the case in Crime No.208 of 2014 on the file of Inspector of Police, Tada Police Station, Nellore District, Andhrapradesh to http://www.judis.nic.in CBCID, Chennai.
Page No.1 of 4 Crl.OP.No.30983/2014
2. According to the petitioner, her elder son Andre Domni Greenwook was aged about 25 years, was done to death after he was taken to a Party at Venkatesh Colony at Madathvaram on 03.10.2014 at night hours with his friends. By his concern where he was murdered and his body was thrown near Andra Pradesh border at Pudi village, Tada, Nellore District. On 04.10.2014, a case was registered under Section 174 Cr.P.C at Tada Police Station and since no postmortem at Sulerpet Government Hospital, Nellore was conducted. the petitioner made a representation on 08.10.2014 to the Superintendent of Police, Nellore and Commissioner of Police Chennai, for re-postmortem. Thereafter, the re postmortem was conducted in K.M.C. Hospital, Chennai and it was confirmed that it is a case of murder, since there were physical injuries on his face and head and his hands were tied , his ribs were broken. The petitioner made a representation to the Director General of Police on 03.11.2014 praying the present case to CBCID Chennai. The grievance of the petitioner is that so far no action has been taken, the petitioner has come forward with the present petition.
3. The learned counsel for the petitioner would submit that the elder son of the petitioner was murdered and during the course of postmortem, it was reveal that it is a murder and though the case was registered as early as on 04.10.2014 and as till date there was http://www.judis.nic.in Page No.2 of 4 Crl.OP.No.30983/2014 no progress in the case and though the petitioner made representation to the 1st respondent on 03.11.2014 seeking to transfer the case to CBCID in order to for effective investigation, there was no response, hence he seeks direction has sought for in the petition.
4. The learned Additional Public Prosecutor appearing on behalf of respondent would submit that the instance had taken steps inn the border of Andra Pradesh and the case was registered on the file of the Sulerpet, Tada Police Station, Nellore District, Andhrapradesh, and this case does not fall within the jurisdiction of the Tamilnadu, however, he would submit that if any direction is given to the first respondent the same would be complied with.
5. Considering the facts and circumstances of the case and the submissions made on either side, since the petitioner who is a lady, lost her son, who was allegedly murdered and thrown away the body at the border of Andrapradesh and she has been taking strenuous efforts to find out the reason of murder of her son and the culprits who murdered him, and she approached the authorities for proper investigation, but she did not get any solace. Therefore, in the circumstances the petitioner is directed to make a fresh representation to the 1st respondent within a period of two weeks from the date of receipt of copy of this order along with http://www.judis.nic.in Page No.3 of 4 Crl.OP.No.30983/2014 M.DHANDAPANI.J, jrs the copy of this Order and on such representation being made by the petitioner the first respondent is directed to consider the same and pass appropriate orders in regard to the investigation in the matter of investigation.
6. With the above direction, this criminal original petition stands disposed of. No costs.
Index : Yes / No 09.12.2019
Internet : Yes / No
jrs
To
1.The Director of Police,
Mylapore,
Chennai 600 004.
2.The Commissioner of Police,
Chennai Police,
Vepery, Chennai 600 007.
3.The Inspector of Police,
Tada Police Station,
Vellore District.
Crl.O.P.No.30983 of 2014
09.12.2019
http://www.judis.nic.in
Page No.4 of 4