RAJAKILI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This writ petition has been filed for a direction to transfer the investigation in Crime No.3 of 2017 pending on the file of the fourth respondent to the file of the sixth respondent and the enquiry to be conducted by a woman officer not below the rank of Deputy Superintendent of Police. Further prayed to initiate enquiry against the respondents 3 to 5 for the delay in registering the FIR.

(2.) Mr.N.R.Elango, Senior Counsel appearing on behalf of Mr.K.C.Karl Marx, the learned counsel for the petitioner submitted that the petitioner's minor daughter aged about 16 years was subjected to gang rape and murder in a cruel and barbaric manner and her daughter was missing on 29.12.2016 and lodged a complaint. Unfortunately her complaint was not registered immediately and no investigation at all. If the investigation had been carried out within the time definitely the life of the daughter would have been saved. In fact, after the death of her daughter, the police personnel are defending the accused and reprimanded the petitioner for not bringing up the child properly. The learned Senior counsel further submitted that in fact, the petitioner lodged a complaint and specifically alleged that her daughter had been kidnapped by one, Thamizharasan. Even then the fifth respondent refused to register the case and issued a receipt in CSR.No.559 of 2016. Again on several occasions, the petitioner along with her elder daughter visited the fifth respondent police station, but to no avail. They also furnished information about her daughter's kidnap by the accused persons and requested to secure her daughter from illegal custody or otherwise her life would be in danger. Till 04.01.2017, the fifth respondent did not even register FIR for the complaint dated 29.12.2016. Only on 05.01.2017, the fifth respondent registered FIR in Crime No.3 of 2017 that too, for girl missing. Again on 08.01.2017, the petitioner lodged a complaint to the fourth respondent to secure her daughter from the illegal custody of one, Manikandan but to no avail. Again, the petitioner lodged a complaint to the fourth respondent to secure her daughter. Even then, no action has been taken against the said Manikandan and others.

(3.) The learned Senior Counsel further submitted that to the petitioner's shock and surprise on 14.01.2017, a Police Constable called him over phone and informed that her daughter's body was found in a well. Thereafter, the body of her daughter was taken to Ariyalur Government Hospital and postmorten was carried out. In fact, no signature was obtained from the petitioner or her relatives. Her daughter was seen by some persons on 30.12.2016 and as such she had been under custody of the accused persons for 5 to 6 days and only thereafter she was killed. Since the first accused Manikandan is the Taluk Secretary of Hindu Munnani, he has been protected by police officials.