1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.07.2011 C O R A M THE HONOURABLE MS.JUSTICE R.MALA CRIMINAL ORIGINAL PETITION No.7488 OF 2011 R.Devika ...Petitioner Vs. 1.The Commissioner of Police, Trichirappalli City, Trichirappalli. 2.The Inspector of Police, Edamalaipatti Pudur Police Station, Trichirapalli District, Crime No.1053 of 2010 3.The Inspector of Police, C.B.C.I.D. Police, Mannarpuram, Trichy – 20. ...Respondents Prayer: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the 1st respondent to transfer the investigation in crime No.1053 of 2010 on the file of the 2nd respondent herein to the 3rd respondent herein to investigate and file final report within the time as fixed by this Court. For Petitioner : Mr.V.Illanchezhian For Respondents: Mr.K.V.Rajarajan, G.A. (Crl. Side) ORDER This petition has been filed to direct the 1st respondent to transfer the investigation in crime No.1053 of 2010 on the file of the 2nd respondent herein to the 3rd respondent herein to investigate and file final report within the time as fixed by this Court. 2.The petitioner who is the mother of the deceased Saranya, 1st year Engineering student in Oxford Francis Engineering College, who died on 28.09.2011 under suspicious circumstances in the college hostel upon hanging through thuppatta in the bath room. On the basis of the complaint given by the warden of the hostel viz., Kalaiselvi, a case in crime No.1053 of 2010 was registered under Section174 Cr.P.C. The petitioner herein has received an unanimous letter on the very next date of the death, wherein, it has been stated that one group called Hare Rama Hare Krishna had visited the College and one of the person has has used unwarranted words and made sexual harassment and hence, the victim girl has committed suicide and that factum has been known to the Manager Subramaniyan, Principal Seetharaman and hostel Warden Kalaiselvi. The petitioner has sent the letter to the 1st and 2nd respondents and since no steps have been taken, the petitioner has come forward with the present application for a direction, directing the 1st respondent to transfer the investigation in crime No.1053 of 2010 from the file of the 2nd respondent to the file of the 3rd respondent to investigate the matter and to file the charge sheet. https://hcservices.ecourts.gov.in/hcservices/ 2 3.The learned Government Advocate (criminal side) took notice for the respondents and submitted that on enquiry, it would reveal that since the deceased Saranya did not write her examinations well, she has committed suicide and hence, they closed the file. He would further submit that all the friends of the Saranya have been examined and there is no evidence to show that the Hare Rama Hare Krishna group has visited and participated the function in the college and the investigation agency has already investigated the matter in a proper direction and closed the same, stating that the deceased has committed suicide, since she has not performed in her examination well, which was held on 28.09.2010 and hence, he prayed for the dismissal of the application. 4.I have considered the submissions made on either side. 5.On perusal of the case diary, the alleged occurrence has been taken place on 28.09.2010 at 11.45 a.m and the complaint has been given at 12.30 p.m. and the case has been registered in crime No.1053 of 2010 under Section 174 Cr.P.c. While perusing the case diary, the doctor has opined that the deceased would appear to have died of hanging and alcohol and other poison was not detected in the viscera. Hence, as per the doctor's opinion, the death is only due to hanging. 6.Now this Court has to decide whether the deceased has committed suicide, for not performing the examination well and whether the investigation has been properly done? 7.On perusal of the case diary, it would reveal that on 28.09.2011, the hostel Warden Kalaisevi has received the information from the other students that the deceased has hanged in the bath room and immediately, she rushed to the place of occurrence and intimated the same to others and they taken her to the hospital, where she was declared dead. Then only, the complaint has been given at 12.30 noon on the same. ON the receipt of the complaint, the case has been registered for the offence under Section 174 Cr.P.C. During the investigation, the statements of the students have been recorded. While perusing the statements of Kanagalakshmi, Subathra, Priya, Akila and Silbina, which were found place in the case diary, it has been stated that on 28.09.2010, at 9.15 a.m. to 11.15 a.m., there was an examination viz., Continuous Internal Assessment (C.I.A.) Test No.1 Physics has been conducted, in which the deceased has not performed the same well. The answer sheet of the deceased has been found place, wherein, she has secured 44 marks out of 100, which would clearly prove that on 28.09.2010, she attended the examination and since she has not performed well in that examination, she has committed suicide. 8.The investigation agency has given a questionaire and obtained answer from the college authority. It contains 18 questions. In that, it has been stated that in that class, there were 34 boys and 30 girls. The deceased did her 12th standard in Tamil medium and she was switched over to English medium in B.E. She joined the hostel only on 16.08.2010. The occurrence has taken place on 28.09.2010 within 42 days. Further, in the questionaire, in question No.2, it has been mentioned that from 12.03.2010 to 03.09.2010, there are 5 functions have been conducted in the College, but none of the function, it was mentioned that Hare Rama Kare Krishna group has been participated. But, it is true that an unanimous letter has been received by the petitioner, which was sent to the investigation agency and on the basis enquiry has been conducted. In that unanimous letter, it has been specifically mentioned that one volunteer in the Hare Rama Hare https://hcservices.ecourts.gov.in/hcservices/ 3 Krishna Group movement has caused sexual harassment which was alleged by the friend of the victim girl. But, there is no date has been mentioned as to when the Hare Rama Kare Krishna movement has visited the College. 9.It is pertinent to note that the petitioner herein has sent a communication to the higher officials as well as the Chief Minister's cell and they called for a report and the investigating officer has also submitted a report, which shows that she has investigated the matter in a proper direction and came to the correct conclusion that the deceased would commit suicide and no one has abated her to commit suicide. Hence, I am of the opinion that the investigating officer has conducted the investigation on the 4 corners of law and collected all the materials and closed the same, stating that the deceased committed suicide by hanging, since she has not performed her examination well. 10.In such circumstances, it is not a fit case for transferring the investigation to CBCID on the basis of the unanimous letter, since the investigation has already been conducted the investigation in a right direction and closed the same stating that since the deceased has not performed the examination in C.I.A. No.1, well, she has committed suicide. Therefore, I do not find any merits in this application and the same is liable to be dismissed. 11.Accordingly, this criminal original petition is dismissed. Sd/- Assistant Registrar(W) /True copy/ Sub Assistant Registrar(CS) To 1.The Commissioner of Police, Trichirappalli City, Trichirappalli. 2.The Inspector of Police, Edamalaipatti Pudur Police Station, Trichirapalli District, 3.The Inspector of Police, C.B.C.I.D. Police, Mannarpuram, Trichy – 20. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Arul Pre-Delivery order in Crl.O.P(MD)No.7488 of 2011 14.07.2011 TR : 21.07.2011 : 3p/4c https://hcservices.ecourts.gov.in/hcservices/