T PAUL DURAI Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) THIS is an action taken, knocking at the doors of this Court, to invoke its inherent jurisdiction under Section 482 of the Code of Criminal Procedure, 1973 (in short 'the Code') praying for a direction for investigation, by an agency different from and independent of the one, before whom an information disclosing an alleged commission of a cognizable offence had been laid and within whose jurisdiction the alleged offence is said to have taken place.

(2.) THOUGH the point canvassed centres round the limit of jurisdiction to interfere with the investigation of an offence registered at a police station, to pinpoint the contentions, relevant facts may be stated with circumspection, as the case is sub -judice, because any overt or covert expression of opinion on the facts in controversy awaiting adjudication may be censured as judicial impropriety.

(3.) FACTUAL matrix will highlight the situation. One Andiappan alias Pichai Rajavelu is a Scrap Merchant, residing in Madras. He married one Selvi of Thangammalpuram in Chidambaranar District on 28 -11 -1990. At the time of marriage, it is said, parents of the girl gave double row gold chain, gold necklace weighing six sovereigns, in addition to one pair of ear -stud, nosescrew and a 11/2 sovereign minor chain as dowry.