(1.) The complainant in Crime No. 2235 / 92 on the file of Central Crime Branch, madras, has filed this petition under Section 482, Cr. P. C. for a direction for further investigation in the said case by any Inspector of Police, other than Inspector of Police, All Women Police Station, under the supervision of the Commissioner of Police, Madras.
(2.) Short facts are, on the complaint given by the petitioner and registered in Crime No. 2235/92, the second respondent has investigated the case and has filed the charge-sheet against Sankaranarayanan, for offence under Sections 498-A and 406, I.P.C. alleging that the investigation made by the second respondent viz., Inspector of Police, All Women Police Station, Madras 6, was deliberately deficient, that petition is filed for further investigation.
(3.) The petitioner has filed an affidavit in support of the application. The allegations in it are briefly as follows : The petitioner was studying in Queen Marrys College in 1974. Sankaranarayanan was living in the opposite house. They loved each other and got married and the marriage was registered in Sowcarpet Sub-Registrar's Office. Later Sankaranarayanan got a job in Civil Supplies C. I. D. Branch. On 19-8-77, again marriage was celebrated in the presence of the relatives of both sides. After marriage, she stayed with her husband at Thanjavur. Through lawful wedlock, she got two daughters by name Kalyani and Pallavi. Till 1985, their marriage life was normal. In 1985, her husband joined in I. G. of Police Office, as Assistant. In 1985, one day, her husband Sankaranarayanan brought Dharmambal to the house and introduced her, saying that she was working as a Typist in his office. Later, the petitioner came to know that her character was not good. She requested him not to move with her. In 1989, her mother constructed her own house at K. K. Nagar. The petitioner, her husband and two daughters moved to Saidapet. Her husband began to spend lavishly on Dharmambal. The petitioner requested him not to do so. Then he started ill-treating her, beating her often and forced her to bring money from her mother. Jayavelu, her neighbour, was an eye-witness to this cruelty. He got her bangles saying that he had to clear some loan. On seeing frequent beatings by her husband, her daughter Kalyani was affected psychologically. She was treated by Dr. Jayanthini. The doctor advised her husband to behave well, at least for the sake of the child. In March, 1991, they moved to Teynampet. In April, 1992, her husband took a Flat at Thiruvallurvar Salai and has been living with Dharmambal. In October, 1992, her husband gave her Rs. 80/- for the whole month. She told it is very megre. He beat her and threatened to kill her. He advised her to come and live with Dharmambal in the same house, as he has married Dharmambal. He took away her bangles and chain. In October, 1992, she got information that a male child was born to Dharmambal through her husband at St. Joseph's Nursing Home, Dr. Guruswamy Road, Madras 31. In November, 1992 she gave complaint to Commissioner of Police, She was called to All Women Police Station, Thousand Lights, to effect a compromise. When she was not agreeable, she was harassed in the All Women Police Station in front of her husband. Mrs. Vasantha, Sub-Inspector of Police made it very clear that she could not treat her husband like any other person. Since he is working in the I. G. of Police Officer. She again brought it to the notice of Commissioner of Police, by way of a letter dated 19-11-92. That letter was registered as a case and was investigated and charge-sheet was filed. Jayavelu, an independent eye-witness to the cruelty by her husband, was not examined or cited as a witness. Their daughter Kalyani, who was affected emotionally, was not examined. The doctor, who treated her, was not examined. Her husband has filed an application for discharge on the ground that there are no materials to convict him. The investigation has not been done properly. It is mala fide, since her husband and Dharmambal are working in the I.G. of Police Office. Hence the petition.