P SEKAR Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) THIS O.P. has been brought forth seeking the transfer of the investigation in the case in Crime No. 127 of 2005 on the file of the first respondent namely the Inspector of Police, Town police Station, Bodinayakkanur , Theni District, to the fourth respondent, the CB CID, Madras.

(2.) IT was a case of death of a girl of 11 years old by name Anandhi , the daughter of the petitioner herein. The petitioner has been a resident of Kaspa Maniyar Lane, East Street, Bodinayakkanur. One Pushpammal , aged more than 80, was living in a house situated at a distance of two furlongs. The said Pushpammal , a widow, had developed affection over the girl. The girl was in the habit of going over to her house and staying with her for hours. On the date of occurrence namely 22. 3. 2005, the girl left for the School as usual. At about 11. 00 A. M. , the said Pushpammal came to the house of the petitioner along with the girl and informed that she took the girl to the Municipal Office for payment of tax that day. When the said Pushpammal left the house at about 1. 00 P. M. , she took the girl. At about 2. 45 P. M. , the wife of the petitioner went to the house of Pushpammal and found her daughter with Pushpammal. The said Pushpammal told the mother of the girl that the girl was eager to take "rice puttu ", and it has got to be prepared by the mother and to be sent through the petitioner in the evening.

(3.) WHILE all these circumstances are available, it was a fit and proper case where immediate information should have been given to the concerned Executive Magistrate as one contemplated under Sec. 174 ( i ) of Cr. P. C. In the instant case, no intimation was given to the Executive Magistrate at all for the reasons best known to the investigating Officer; but, he himself has conducted the inquest and closed the matter.