BALASUBRAMANI Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) The petitioner approaches this Court with a prayer to direct the respondent No.2 to withdraw the case in crime No.143/2009 on the file of the Respondent No.5 and handed over the same to the Respondent No.3 for investigation and file the charge sheet before the Jurisdictional Magistrate within the time stipulated by this Court.

(2.) The petitioner belonging to Hindu Scheduled Caste Kuravar community and he is living with his son Manikandan and daughters Malathi and Manimegalai. One Palanisamy and Ilangovan often jointly sexually harassed the petitioner wife and threatened her. On 18.09.2009 at about 5.30 p.m., when he returned back from agricultural work, he witnesses his wife laid down on the floor covered by a saree and the children were crying around her. When he made an enquiry, the children intimated that his wife was consumed poison and immediately, he taken her to hospital, where she was declared dead and then, the petitioner has given a complaint before the 5th respondent police and the same has been registered in crime No.143 of 2009 for the offence under Section 174 of Cr.P.C.

(3.) Thereafter, after 3 days from the occurrence, during the funeral ceremony, the relatives of the petitioner enquired the children of the petitioner, who stated that on 18.09.2009 when he came to the house from the school, one Palanisamy and Elangovan fastly came through Kenimettu and he saw his mother Tamilarasi laid on floor without wear any dress in semi conscious stage and then, he covered a saree to his mother and enquired her, she told that the said Palanisamy and Elangovan forcefully committing rape against her when she was along in the house and she forced to take the poison and she further told him to vacate the village along with family members, otherwise the said persons would endanger the life of her family members. Thereafter, the petitioner went to the police stated and informed the truth to the respondent police, but, the investigation agency has not taken any steps and hence, the petitioner has come forward with this application to transfer the investigation to the 3rd respondent. To substantiate his argument, he relied on the decisions of the Apex Court.