The Court rejected a petition seeking transfer of a local police investigation into a missing husband to the C.B.I., dismissing it due to lack of merit. Held that the local investigation had concluded, the husband was found dead, and there was no legal material to establish the petitioner's entitlement to family pension.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.11.2016
CORAM:
THE HON'BLE MR.JUSTICE P.N.PRAKASH
Crl.O.P. No.8159 of 2016
Manjari
Petitioner
vs.
Criminal Original Petition filed under Section 482 Cr.P.C., seeking a direction to the first respondent to transfer the investigation in Cr. No.340 of 2013 from the file of the Assistant Commissioner of Police, Pulianthope, Chennai 600 012, the second respondent herein, to C.B.I., Chennai, to secure the ends of justice.
For petitioner Mrs. Manjari - Party-in-person For respondents Mr. C. Emalias
Additional Public Prosecutor
ORDER
This Criminal Original Petition has been filed seeking a direction to the first respondent to transfer the investigation in Cr. No.340 of 2013 from the file of the Assistant Commissioner of Police, Pulianthope, Chennai 600 012, the second respondent herein, to the C.B.I., Chennai, to secure the ends of justice.
2.1 On the complaint lodged by Manjari, the petitioner
herein, that her husband Sekar had gone missing, the Inspector of Police, P-6, Kodungaiyur Police Station, registered a case in Cr. No.340 of 2013 on 13.12.2013 for “man missing”. Manjari filed H.C.P. No.256 of 2013 before this Court for production of her husband. She filed W.P. No.28906 of 2013 also seeking transfer of investigation in Cr. No.340 of 2013 from the file of P-6, Kodungaiyur Police Station to the C.B.I.
2.2 A Division Bench of this Court, in which I was a member, heard H.C.P. No.256 of 2013 and W.P.No.28906 of 2013 and passed the following order on 11.08.2014:
“8. Heard the submissions made on either side. We have also perused the documents made available on record including the status report dated 24.06.2013 filed by the Inspector of Police, P6, Kodungaiyur Police Station and the status report dated 22.07.2014 filed by the Assistant Commissioner of Police, MKB Nagar Range.
tracing the detenue, courteously to her.
12 In the result, the writ petition is dismissed and the Habeas Corpus Petition is disposed of with the above direction.”
2.3 In H.C.P. No.256 of 2013, Manjari had impleaded one Umadevi, daughter of Sekar, born through his first wife and also one Nandha @ Anand. Umadevi was present before the Division Bench on 30.07.2014 and the Division Bench heard the parties and passed the aforesaid order.
3 Now, Manjari has filed the present Criminal Original Petition seeking a direction to transfer Cr.No.340 of 2013 from the file of Kodungaiyur Police Station to the C.B.I.
4 It may be relevant to state here that Manjari claimed the same relief as sought in the present Criminal Original Petition, in W.P. No.28906 of 2013 and this Court had negatived it by order dated 11.08.2014, as aforestated.
5 Mr. A. Kumar, Special Sub Inspector of Police, P6, Kodangaiyur Police Station is present.
6 On instructions, the learned Additional Public Prosecutor submitted that the Assistant Commissioner of Police, Kodungaiyur Police Station, conducted investigation in Crime No.340 of 2013 and during the course of investigation, it came to light that on 22.11.2013, Sekar was found near the Dental College afflicted by fits and one passer-by by name Kutty called 108-Ambulance and admitted Sekar to Rajiv Gandhi Government General Hospital, Chennai, where, he died on 23.11.2013. Since there was nobody to claim his body, the hospital authorities informed the jurisdictional police, based on which, a case in C- 1, Flower Bazaar P.S. Cr. No.1990 of 2013 was registered under Section 174 Cr.P.C. and after inquest and other formalities, the body was buried in Moolakothalam burial ground. Sekar's children, viz., Umadevi and Senthil and grand children, viz., Sathish Kumar and Arun Kumar and other relatives identified Sekar with photographs. Manjari was also informed about the investigation and ultimately, the case in Cr. No.340 of 2013 has been closed under due intimation to Manjari.
7 Under such circumstances, this Court does not find any merit for ordering transfer of investigation as prayed for by Manjari.
8 Manjari, party-in-person submitted that she is entitled to family pension.
9 This Court cannot give any finding on this aspect, since, there is no material before this Court to show that Manjari is the legally wedded wife of Sekar. It is always open to Manjari to approach the authorities and stake her claim by establishing that she is entitled to family pension.
This Criminal Original Petition is dismissed with the above observations.
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
cad
To
1 The Secretary
Home Department
Government of Tamil Nadu
Chennai 600 009
2 The Assistant Commissioner
Pulianthope
Chennai 600 012
3 The Inspector of Police
P.6, Kodungaiyur Police Station
Chennai 600 118
4 The Public Prosecutor
High Court of Madras
+1cc to Mr.S. Manjari, Advocate, S.R.No.69845
ppa(CO)
md(09/12/2016)
Crl.O.P. No.8159 of 2016
3 issues framed by the court
Whether the investigation in the missing person case needs to be transferred from local police to the C.B.I.
Whether the petitioner is entitled to family pension without establishing a legal marriage.
Whether a transfer investigation order would serve the ends of justice in the present circumstances.
1 provisions across 1 enactments
Manjari
The State of Tamil Nadu
The Assistant Commissioner Pulianthope
The Inspector of Police P.6, Kodungaiyur Police Station
P.N. Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
