R. Rajendra Narasimhan vs The Superintendent of Police, CBCID, The Inspector of Police and The Central Bureau of Investigation

V. Kanagaraj, J.—The petitioner has filed the above Criminal Original Petition praying to direct the first respondent to transfer the

investigation of Crime No. 536 of 2000 on the file of the first respondent to the third respondent with a direction to investigate the above case

afresh.

The case of the petitioner is that his sister got married with one Andithevar, who was the Ex. MLA and also the General Secretary of All India

Forward Block; that out of the wedlock one male child by name Sivaraman and one female child Punniyavathi were born to them; that his sister

Indurani died in the year 1975 in a suspicious manner; that the said Sivaraman attended the ceremony of his maternal grandfather on 12.8.1998;

that thereafter nothing was heard about Sivaraman; that when the mother of the petitioner enquired about Sivaraman, the said Andithevar evasively

replied that Sivaraman is working at Singapore; that the reply given by the said Andithevar created a suspicion; that the said Andithevar vacated

the room at Madurai Modern Lodge, where Sivaraman had been staying and removed the belongings of Sivaraman and therefore, the petitioner

has lodged a police complaint before the second respondent on 3.4.2000 and on 4.4.2000 and the same was registered in Crime No. 536 of

2000; that since no proper action was taken, the petitioner had filed HCP No. 55 of 2000 and the same was dismissed with a direction to the

respondents to dispose of the complaint of the petitioner within a fortnight; that thereafter, the second respondent forwarded the connected file to

the learned Judicial Magistrate No. IV, Madurai to close the complaint and the FIR in Crime No. 536 of 2000; that the petitioner has filed

Crl.O.P. No. 15610 of 2000 and the same was disposed of on 17.11.2000 with a direction to exhaust the remedy available before the Judicial

Magistrate in RC No. 56 of 2000; that thereafter, the Judicial Magistrate has directed the second respondent to investigate further and file a

report; that the said Andithevar is one of the influential person and he might have disturbed the investigation and therefore, the petitioner has filed

Crl.O.P. No. 19282 of 2001; that this Court by an order dated 14.12.2000 transferred the investigation on the file of the second respondent to

the Superintendent of Police, CB CID, Madurai, the first respondent herein with a further direction to complete the investigation expeditiously and

submit a report within eight weeks; that since the investigation is not completed and the report is not filed, the petitioner has come forward with the

above Criminal Original petition for the relief extracted supra.

Learned Government Advocate would submit that originally the case was registered on the complaint dated 4.4.2000 under Sections 120-B,

364, 365 read with 120-B IPC for the alleged offence of ''man missing'' in Crime No. 536 of 2000, Thideer Nagar Police Station, Madurai; that in

HCP No. 588 of 2000 filed by the petitioner, this Court by an order dated 31.7.2000, had directed the second respondent to dispose of the

complaint within a period of fortnight; that the second respondent in spite of examining 26 persons, he could not get any clue; that thereafter, in

Crl.O.P. No. 15610 of 2000, which was filed by the petitioner, this Court by an order dated 17.11.2000 directed the petitioner to exhaust his

remedy before the concerned Judicial Magistrate''s Court; that thereafter in Crl.O.P. No. 19282 of 2001, this Court by order dated 4.12.2001

directed the Superintendent of Police, CBCID, Madurai to investigate the complaint with a special team of Officers and complete the same and file

a report within a period of eight weeks and the case was transferred to CBCID, Madurai on 22.12.2001; that the Inspector of Police, Sivaganga,

CBCID would submit that witnesses who were examined earlier by the local police were re-examined and their statements were also recorded;

that the suspected persons were thoroughly interrogated and during the course of investigation, it was also revealed that Andithevar, who is the

accused in this case and the father of the Sivaraman was an Ex-MLA and the President of All India Forward Block Party got married to one

Indurani, the sister of the petitioner and was blessed with a son and daughter; that the son is the missing person Sivaraman.

4.The learned Government Advocate would further submit that prior to that, Andithever as a law student at Madras Law college, he fell in love

with one Phelomina, a student of Nursing Course at Kilpauk Medical College, married her in a church in the name of Pal Pandian and also blessed

with two sons and daughter through Phelomina; that on 20.10.2003 interim final report has been filed for the offences under Sections 120-B, 365,

364 r/w. 120-B IPC and on 10.2.2004, the case number was given as PRC No. 15 of 2004.; that in the interim final report, it is mentioned that

A1 Andi Thevar is a leading personality and economically sound person and he has been MLA for three terms and hence, none comes forward to

depose against him and revived efforts are being taken to account for the disappearance of the missing person Sivaraman or the disposal of his

mortal remains.

It is pathetic to note that after a lapse of six years in a case of missing of the boy, the respondents are not able to either locate the whereabouts

of the boy or to come forward to say anything that has happened to the boy and it is further strange to note that the preliminary Charge Sheet has

been filed on 20.10.2003 under Sections 120-B, 365, 364 r/w. 120-B IPC and the case has been numbered in PRC No. 15 of 2004 on the file

of the Court of the Judicial Magistrate No. V, Madurai. Further it comes to be known that A1 being an Ex MLA and economically sound, no one

comes forward to speak to the truth and hence, the Investigative Team finds it difficult to probe into the missing of the boy and in these

circumstances, now the petitioner has come forward to seek a direction to transfer the investigation of the above case to the third respondent

herein.

In consideration of the facts pleaded, having regard to the materials placed on record and upon hearing the learned counsel for the petitioner and

the learned Government Advocate (Criminal side) for respondents 1 and 2, this Court is of the view that there shall be no more wasting of time in

the name of doing the investigation by the first two respondents and it is only desirable to hand over the investigation with the hands of the third

respondent/ CBI to investigate the matter afresh from the beginning in order to unearth the truth and hence the following order:

In result,

(i) the Criminal Original petition stands allowed.

(ii) the investigation of the case registered in Crime No. 536 of 2000, which is now pending in PRC No. 15 of 2004 on the file of the Court of

Judicial Magistrate No. V, Madurai is hereby ordered to be transferred to the Directorate of the CBI., New Delhi.

(iii) The Directorate of the CBI, New Delhi shall take up the investigation and do all necessary things that are required in the circumstance of the

case and to file a final report at the earliest particularly in view of the fact that it is a long pending matter. Till such time the PRC No. 15/2004

pending on the file of the Judicial Magistrate No. V, Madurai shall be kept in abeyance.

(iv) Crl. M.P. No. 11312 of 2004 is closed.