MEENAKSHI Vs. THE INSPECTOR OF POLICE AND ORS.

JUDGEMENT

(1.) THE Petition has been preferred praying to withdraw the investigation of the case in Crime No. 5 of 2008 from the file of the 2nd respondent and transfer the same to the file of 3rd respondent pending for trial in S.C. No. 19 of 2014, on the file of the Learned Additional Sessions Judge, Ramanathapuram District.

(2.) THE petitioner is the mother of deceased boy Muthupandi, who was aged about 4 -1/2 years and she had given a complaint on 17.01.2008 stating that though she lodged a complaint with regard to the missing boy, the jurisdictional Police viz., Peraiyur Police Station, Ramanathapuram District, has not properly investigated the case in Crime No. 5/2008 and therefore came forward to transfer the investigation in Crime No. 5 of 2008 from the file of Peraiyur Police Station to the file of CB CID and in this regard, filed Crl.O.P(MD) No. 4309 of 2008 and this Court has elaborately discussed the facts as well as the submissions made on behalf of the petitioner and upon perusal of the status report, observed as follows: -

(3.) IN the petition it is averred by the petitioner among other things that her statement was not at all recorded by the 2nd respondent and in fact, no statement has been recorded from her and it is made to appear as if the 2nd respondent/CB CID was recorded her statement under Section 161(3) of Cr.P.C. It is further stated that in the charge sheet, the fact of non -identification of the author of the anonymous letter disclosing the commission of crime, has been stated and he also undertook to file additional charge sheet under Section 173(8) of Cr.P.C., and whereas, till date they have not filed the Additional Charge sheet and with the available materials they have filed the final report charging one Marimuthu, as sole accused and it has been taken on file in P.R.C. No. 13 of 2012 by the jurisdictional Magistrate, Ramanathapuram and in turn it was committed to the Principal Sessions Court, Ramanathapuram which in turn made over the case to the Additional Sessions Court, Ramanathapuram and unless the investigation is transferred to the file of CBI, the truth will not come out and hence, prays for the said relief.