R RAJENDRA NARASIMHAN Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) THE petitioner has filed the above Criminal Original Petition praying to direct the first respondent to transfer the investigation of Crime No. 536 of 2000 on the file of the first respondent to the third respondent with a direction to investigate the above case afresh.

(2.) THE case of the petitioner is that his sister got married with one Andithevar, who was the Ex. MLA and also the General Secretary of All India Forward Block; that out of the wedlock one male child by name Sivaraman and one female child Punniyavathi were born to them; that his sister Indurani died in the year 1975 in a suspicious manner; that the said Sivaraman attended the ceremony of his maternal grandfather on 12. 8. 1998; that thereafter nothing was heard about Sivaraman; that when the mother of the petitioner enquired about Sivaraman, the said Andithevar evasively replied that Sivaraman is working at Singapore; that the reply given by the said Andithevar created a suspicion; that the said Andithevar vacated the room at Madurai Modern Lodge, where Sivaraman had been staying and removed the belongings of Sivaraman and therefore, the petitioner has lodged a police complaint before the second respondent on 3. 4. 2000 and on 4. 4. 2000 and the same was registered in Crime No. 536 of 2000; that since no proper action was taken, the petitioner had filed HCP No. 55 of 2000 and the same was dismissed with a direction to the respondents to dispose of the complaint of the petitioner within a fortnight; that thereafter, the second respondent forwarded the connected file to the learned Judicial Magistrate No. IV, Madurai to close the complaint and the FIR in Crime No. 536 of 2000; that the petitioner has filed Crl. O. P. No. 15610 of 2000 and the same was disposed of on 17. 11. 2000 with a direction to exhaust the remedy available before the Judicial Magistrate in RC No. 56 of 2000; that thereafter, the Judicial Magistrate has directed the second respondent to investigate further and file a report; that the said Andithevar is one of the influential person and he might have disturbed the investigation and therefore, the petitioner has filed Crl. O. P. No. 19282 of 2001; that this Court by an order dated 14. 12. 2000 transferred the investigation on the file of the second respondent to the Superintendent of Police, CB CID, Madurai, the first respondent herein with a further direction to complete the investigation expeditiously and submit a report within eight weeks; that since the investigation is not completed and the report is not filed, the petitioner has come forward with the above Criminal Original petition for the relief extracted supra.

(3.) LEARNED Government Advocate would submit that originally the case was registered on the complaint dated 4. 4. 2000 under Sections 120-B, 364, 365 read with 120-B IPC for the alleged offence of 'man missing' in Crime No. 536 of 2000, Thideer Nagar Police Station, Madurai; that in HCP No. 588 of 2000 filed by the petitioner, this Court by an order dated 31. 7. 2000, had directed the second respondent to dispose of the complaint within a period of fortnight; that the second respondent in spite of examining 26 persons, he could not get any clue; that thereafter, in Crl. O. P. No. 15610 of 2000, which was filed by the petitioner, this Court by an order dated 17. 11. 2000 directed the petitioner to exhaust his remedy before the concerned Judicial Magistrate's Court; that thereafter in Crl. O. P. No. 19282 of 2001, this Court by order dated 4. 12. 2001 directed the Superintendent of Police, CBCID, Madurai to investigate the complaint with a special team of Officers and complete the same and file a report within a period of eight weeks and the case was transferred to CBCID, Madurai on 22. 12. 2001; that the Inspector of Police, Sivaganga, CBCID would submit that witnesses who were examined earlier by the local police were re-examined and their statements were also recorded; that the suspected persons were thoroughly interrogated and during the course of investigation, it was also revealed that Andithevar, who is the accused in this case and the father of the Sivaraman was an Ex-MLA and the President of All India Forward Block Party got married to one Indurani, the sister of the petitioner and was blessed with a son and daughter; that the son is the missing person Sivaraman.