S.LAKSHMIPATHY Vs. DIRECTOR GENERAL OF POLICE

JUDGEMENT

(1.) The criminal original petition in Crl.OP.No.7122 of 2023 has been filed to quash the final report dtd. 6/1/2023 submitted by Tmt.Shobana, Investigating Officer, CB CID in CBCID OCU FR.No.1/2023 in Cr.No.1 of 2021 and all the subsequent connected proceedings. The review application in Rev.Apln.No.59 of 2023 has been filed to review the order dtd. 22/8/2022 passed in WP.No.17949 of 2021.

(2.) The case of the petitioner is that the accused installed CCTV cameras projecting the rest room which is located inside the petitioner's campus which meant for women working on its premises and house of Managing Director of Sri Krishna Hi-Tech Management Solutions Private Limited. On receipt of the said complaint, the fourth respondent registered FIR in crime No.98 of 2019 for the offence punishable under Sec. 354C of IPC and Sec. 4 of Tamilnadu Prohibition of Harassment of Women Act, 1998 and Sec. 66(E) of IT Act. After completion of investigation, the fourth respondent filed final report as against two accused persons and the same has been taken cognizance in CC.No.1726 of 2019 on the file of the Judicial Magistrate-III, Coimbatore for the offence under Sec. 354C of IPC and Sec. 4 of Tamilnadu Prohibition of Harassment of Women Act, 1998. After having been taken cognizance, on 23/6/2021, the first respondent on his suo motu, ordered for transfer of investigation in crime No.98 of 2019 on the file of the fourth respondent to the file of CBCID for further investigation. The first respondent also nominated one, G.S.Priyashaaisree as Investigation Officer to take up further investigation in crime No.98 of 2019, which was challenged by the petitioner. At the same time, the accused in CC.No.1726 of 2019 has filed petition to quash the entire proceedings in CC.No.1726 of 2019 on the file of the Judicial Magistrate-III, Coimbatore. Both the petitions were simultaneously heard and passed common order dtd. 22/8/2022, thereby dismissed both the writ petition as well as the quash petition by this Court.

(3.) Mr.Devadatt Kamat, the learned Senior Counsel appearing for the petitioner submitted that the respondents have fraudulently suppressed the material facts and thereby caused this Court to pass order of dismissal of the writ petition with the influence of the accused with the officials and colluded together and ordered for fresh investigation by transfer of investigation to the file of the fifth respondent. When the trial court had taken cognizance in CC.No.1726 of 2019, without even seeking any permission from the trial court, the first respondent ought not to have ordered for further investigation, that too by different investigation agency without finding any fault with the original investigation agency. The respondents also suppressed the fact that the fourth respondent already filed petition for further investigation before the trial court. After ordering of transfer of investigation to the file of the fifth respondent, the fifth respondent filed petition under Sec. 173(8) of Cr.P.C. before the trial court seeking permission for further investigation in crime No.98 of 2019 in CMP.No.14212 of 2021. The learned Judicial Magistrate-III, Coimbatore by an order dtd. 8/7/2021 dismissed the petition. It was not brought to the notice of this Court. In fact, the cursory reading of Sec. 173(8) of Cr.P.C. would clearly illustrate that only the courts can order further investigation, that too when the prosecution already filed final report, no police officer can order for further investigation. Therefore, the first respondent has no jurisdiction to order for further investigation, that too on its suo motu. The order passed by the trial court was not challenged before any of the forum. Even then, the fifth respondent conducted further investigation and filed final report thereby closed the FIR as mistake of fact. Hence, the petitioner filed petition to quash the final report dtd. 6/1/2023 on the file of the fifth respondent in Crl.OP.No.7122 of 2023.