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Judgment
P. Devadass, J.—Mohamed Maraikkayar, came forward with this petition as there was no significant progress in Crime No. 66 of 2014, registered by the 5th respondent, namely, the Sub-Inspector of Police, Sethubavachathiram Police Station, Thanjavur District, for change of investigation agency.
According to the learned counsel for the petitioner, police is not evincing any interest in investigation and recovering the looted properties and apprehending the accused, though the complaint has been registered as early as in April, 2014 itself. It is kept in the cold storage. Under the circumstances, the de facto complainant is very much aggrieved.
The fourth respondent has filed counter.
The learned Government Advocate (Criminal side) would submit that the investigation has been done in an unbiased manner and every effort will be taken to complete the investigation in a quickest possible time.
The rights of the accused for speedy justice and speedy investigation emanates from the catching words in Article 21 of the Constitution of India. These few lines has been a basis for the development of Indian Human Rights Law. Article 21 has become the darling of the Indian Constitution. It is the soul of the Indian constitution.
The said Article 21, recognizes the right of the accused for speedy justice, which includes speedy investigation. Though this aspect has not been expressly stated in the Constitution of India, subsequently, the Indian Supreme Court, on the anvil of Civil liberty expanded the scope of Article 21 of the Constitution. The dimension of Article 21 is being extended day in and day out.
The concept of speedy justice now has been extended to victims of crimes also. Actually for a long time, the victims were completely forgotten. Actually, the victim, the real sufferer of crime is the de facto complainant, while police is de jure complainant. Sufferers of a criminal act also entitled to speedy justice. They are entitled to know the result/ action in the case given by them.
In India, the process of investigation is the province of police (Emperor Vs Kuja Nazir Ahmed (A.I.R. 1947 PC 18)). But, in a democratic country like India police is not above law. They are bound to do investigation strictly in accordance with the mandate of law. Their investigation should be fair and unbiased. It should not be one sided. In fact confidence of the police will be infused in the mind of the public by their fair investigation. Winning the hearts of the complainant by due investigation is also an hallmark of the investigation officer.
Now, in the instant case, petitioner Mohamed Maraikkayar owns a petrol bunk in Mallipattinam, in Thanjavur District. On 14.04.2014, he had gone to some other place in connection with his work, leaving his son Nizamudeen to look after the petrol bunk. On that day, at about 11.30 a.m., certain unruly elements raided the petrol bunk, beaten Nizamudeen, looted certain valuable items. Later, Mohamed Maraikkayar took his injured son to the hospital. He lodged a report with the Sethubavachathiram Police. It was registered in Crime No. 66 of 2014 under Sections 147, 323, 379 I.P.C. r/w 3(1) of PPDL Act.
In this connection, a detailed counter has been filed by the investigation officer. We have perused it.
Fair investigation has to be done, guilty persons must be brought to justice. Properties lost must be recovered. This will satisfy the de facto complainant. But this should been done in a fair and unbiased manner. If quick action is not taken, the accused will be roaming with impunity and it will be laying seeds for the emergence of would be criminals. Thus, delayed investigation will be denial of justice itself. Thus, speedy investigation is the need of the hour.
Generally, the culture of the Indian Officers is such that they need some ingination. Once he is inginated, the engine moves quickly.
In the circumstances, to meet the ends of justice, under Section 482 Cr.P.C., this Court has to issue appropriate directions.
In the circumstances, the Assistant Superintendent of Police / Sub Divisional Officer, Pattukottai Sub-Division, Thanjavoor District will monitor the grave crime reported in Crime No. 66 of 2014 of Sethubavachathiram Police, now being investigated into by respondent No. 4, namely, the Inspector of Police, Sethubavachathiram Police Station, Thanjavur District, in any event, the investigation shall be completed within one month from today. This direction has been noted down by the fourth respondent, who is present today in Court and he will file his final report before the jurisdictional Magistrate, namely, Judicial Magistrate, Pattukkottai, within the said period as per law.
Accordingly, this Criminal Original Petition is disposed of. Consequently, connected M.P.(MD) No. 1 of 2014 is closed.