M ZAMURUTH BIBI Vs. CITY COMMISSIONER OF POLICE

JUDGEMENT

(1.) THE petitioner has filed the above Criminal Original Petition No,22229 of 2007 for direction to transfer the case in Crime No,205 of 2007 on the file of J-8, Nilangarai Police Station to the file of the Inspector of Police, Crime Branch, CBCID, Egmore, Chennai-8.

(2.) THE prosecution case is that the petitioner lodged a complaint with the third respondent police stating that her daughter namely Sharmila married one Khader Basha, on 04.07.2005. At the time of marriage, the petitioner gave Seethanas, 25 Sovereigns of gold ornaments, Rs.30,000/- cash besides house hold articles. After marriage, the said Khader Basha, husband of the deceased and his parents caused cruelty and torture to the deceased and had demanded dowry of a sum of Rs.one lakh. THE same was informed to the petitioner herein. THE petitioner also had pacified the deceased and consoled her by saying that she would arrange the said amount. Further, the petitioner alleged that her deceased daughter had got a seven months old male baby and that the baby is now in the custody and proper care of the petitioner.

(3.) THE petitioner further alleged that the Revenue Officials further directed the police officers to enquire into the correct cause of death, indicating that it was a case of dowry ill-treatment. THE petitioner has further alleged that the 2nd respondent herein, who is in charge of investigation, altered the FIR from offence under Section 309 of IPC to Section 498-A and 304-B of IPC, but the petitioner has alleged that it was intentional murder on the part of the first accused and others. THE petitioner has further alleged that the police had not shown proper interest to take proper steps in the investigation of the case. Further, the petitioner has alleged that independent witnesses, who had accompanied her to the deceased place, were not enquired by the police officers. On 29.06.2007, the petitioner made a representation to the Higher police officials regarding the incident. Further, the accused persons still possess the jewels and other articles given by her, to her deceased daughter and grandson. THE said occurrence was also published in the newspapers. THE petitioner has further alleged that the respondent police had taken an unjustifiable stance against the petitioner without showing anxiety to bring the offenders into the clutches of law. THE petitioner further alleged that the performance of respondent police has been unfair and unjustifiable. Further, it is alleged that the respondent police is not honest and had not shown any interest in this case. Hence, the petitioner has filed this direction petition. Supporting her petition, she has filed 11 documents, to establish her case.