KOWSALYA Vs. SECRETARY TO THE GOVERNMENT OF PUDHCHERRY

JUDGEMENT

(1.) This petition has been filed to transfer of investigation in Crime No.2 of 2019 from the file of the second respondent to the third respondent.

(2.) The learned counsel appearing for the petitioner submitted that the petitioner's husband was illegally detained and tortured by the police personnel attached to Bagur Police Station, Puducherry on 21.11.2018 and he was remanded to judicial custody on 23.11.2018 as if he was shown as arrested on 22.11.2018. He was suffered injury during the judicial custody by the jail authority. Therefore he had 33 ante-mortem injury on his body and died on 27.11.2018, due to the wounds inflicted on him. The custodial torture and death was reported to the Police Complaint Authority and after enquiry, the Police Complaint Authority directed the first respondent to register a case under Section 302 of IPC along with SC/ ST Act . However the case was registered under Section 304 of IPC and SC/ ST Act and the case is under investigation over a period of one year. Further the learned counsel contended that since the accused persons are local police and jail authorities, they allowed to file anticipatory bail petition. Though three accused persons were surrendered, one of the accused is still absconding and the investigation officer did not take any steps to arrest the absconding accused. The entire investigation is still under initial stage, though the crime was registered one year before. Since the accused persons are the police officials as well as the jail superintendent along with doctor, the petitioner lost her hope with the investigation agency and if the same investigation agency continues the investigation, she would not have firm investigation. In fact, the investigating officer did not even register a case under Section 302 of IPC. Therefore, prayed to transfer the investigation from the second respondent to the third respondent herein.

(3.) Per contra, the learned Additional Public Prosecutor(Pondy) filed counter and submitted that on 27.11.2018, the second accused had forwarded the complaint to the Station House Officer, Kalapet, stating that one remand prisoner viz., the husband of the petitioner herein, had the complaint of breathlessness and sever body pain. Since his vital signs appeared unstable, he was referred to India Gandhi Government Hospital, Puducherry, by the Medical Officer, Central Prison, Pondicherry, who is arrayed as third accused. He also stated that the husband of the petitioner had injured even at the time of admission and he also sustained injuries during the investigation. Thereafter, he died on 27.11.2018. Therefore, the case has been registered under Section 176 of Cr.P.C., in Crime No.71 of 2018. Thereafter post mortum was conducted on 28.11.2018. As per the order of the Chief Judicial Magistrate, the learned Judicial Magistrate-IV, Pondicherry, conducted enquiry and considering the seriousness of allegations, the case was transferred from the Kalapet Police Station to CBCID, Puducherry.