PEER MOHAMED Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) THIS petition has been filed to transfer the investigation in crime No.146 of 2011 from the file of the 2nd respondent police to any other competent independent investigating agency for fair investigation and to file a final report.

(2.) THE learned counsel appearing for the petitioner would submit that the wife of the petitioner has committed suicide and a case has been registered for the offence under Section 174 Cr.P.C. in crime No.146 of 2011. He would further submit that at the time of post mortem, a letter was found, which was written by the deceased in her handwriting, wherein, it has been stated that she had written separate letters to the petitioner's son, daughter and to the petitioner and the respondent police recovered those letters from the house of the petitioner. He would further submit that in the letter written to the petitioner, it has been stated that the owner of the house viz., Gnanalysi @ Leela @ Abipatti has borrowed a sum of Rs.2,03,000/- from the deceased, promising to repay the same within a particular period and when the deceased made demand, she has failed to keep up the promise and threatened her and abetted her to commit suicide. Despite the receipt of the letter and knowing the contents of the same, the respondent police has not proceeded the investigation and the accused is still roaming there and since the accused is an influential person and having muscle power and money power, the respondent police has suppressed all the letters and hence, the petitioner has come forward with the application for a direction to transfer the investigation in crime No.146 of 2011 from the file of the 2nd respondent police to any other competent independent investigation for fair investigation and to file a final report.

(3.) WHILE perusing the suicidal note, it was mentioned that the deceased has paid Rs.1,50,000/- to the house owner and also gave a sum of Rs.53,000/- without interest. There is no specific overt act against the accused person. In the suicidal note, it was specifically mentioned as follows: ...[VERNACULAR TEXT OMMITED]... The above said suicidal note would show that the deceased has already planned not to live and hence, whenever, her husband wanted to purchase something, she has refused. Even though, the deceased written the suicidal note that the house owner has not repaid the amount, she never stated that she was threatened by the house owner and she abetted her for committing suicide.