J JAYASHREE Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) The petitioner lodged a complaint on 29.07.2007 with the third respondent stating that her husband was missing from 27.07.2007 and sought for appropriate action to trace her husband-Mr. R. Narayanan. The third respondent registered a case in Crime no.1888 of 2007 for 'man missing'. On 02.08.2007 the petitioner being informed by the Sub-Inspector of Police attached to the fourth respondent Police Station that they have found a body below a culvert of Mambattu Road on 28.07.2007 and after seeing the photograph of the body the petitioner identified the photograph as that of her husband. The petitioner came to know that the fourth respondent after holding inquest and post-mortem had buried the body of her husband on 30.07.2007 itself. After due permission the body was exhumed and last rites were performed at Sulurpet. The fourth respondent-Police has also registered a case in Crime No.100 of 2007 on 28.07.2007 for the offence under sections 302 and 201 Indian Penal Code. As per the inquest report prepared by the fourth respondent, 12 injuries were found on the head, face and other parts of the body of the petitioner's husband which indicate that the death was due to homicidal violence.

(2.) It is the case of the petitioner that there is no mutual co-operation between the third and fourth respondents with regard to the above said two cases. The petitioner has stated in the petition that both the third and fourth respondents are not evincing any interest in investigating into the matter stating that the offence had not taken place in their jurisdiction; so far the mobile phone and car of the petitioner's husband have not been traced; no steps have been taken to collect the records pertaining to the calls made and received through the mobile phone of her husband; in view of the lapses on the part of the third and fourth respondents there is no progress at all in the investigation of the cases. On the above said grounds, the petitioner has come before this Court seeking transfer of the investigation in Crime No.1888 of 2007 pending on the file of the third respondent and in Crime No.100 of 2007 pending on the file of the fourth respondent to the Central Bureau of Investigation.

(3.) The third respondent has filed a counter affidavit. In the counter affidavit various steps taken by the third respondent after registering the case in crime No.1888 of 2007 have been set-out in detail. The third respondent has also referred to the registration of the case in Crime No.100 of 2007 by the fourth respondent and regarding the steps taken by the fourth respondent in the course of investigation. It is further stated in the counter affidavit that the cause of action being within the jurisdiction of Tada Police Station, no parallel investigation can be conducted and the investigation has to be pursued by the fourth respondent only. It is further stated that the records and statements pertaining to Crime No.1888 of 2007 are being forwarded to the fourth respondent and it is also stated that in the said circumstances investigation by any specialised agency may not advance the case any further.