Madras HC arrests TN police for delay in investigation in two cases

MADURAI: Dissatisfied with the state police for the delay in completing investigation in two separate cases, one of which was a hit-and-run case, the Madurai bench of the Madras High Court recently criticized that without addressing the situation of the victim allegedly gave her permission to investigate the case together with the police.

“The state is the prosecuting authority and every victim of a crime depends on it. If the police do not conduct proper investigation, the victims may not get any solution,” Justice B. Pugalendhi noted while issuing two separate orders in petitions seeking speedy investigation.

The first petition was filed by S Kamala, who lost her husband in a collision eight months ago and police are yet to identify the vehicle involved. The judge pointed out that under Section 2(h) of the CrPC and Section 2(j) of the BNSS, the power of investigation vests not only in a police officer but also in anyone authorized by a magistrate to do so.

But he said he would not allow Kamala to conduct the investigation with the police as she is a young widow with two children. He, therefore, suo motu alerted the Dindigul Superintendent of Police to the matter and directed the officer to ensure that the vehicle involved is identified and action is taken within two weeks.

Case pending in FIR phase for last two years

The judge made similar observations in another petition filed by R. Kanimozhi in a burglary case registered in 2022. Though jewelery worth Rs 6.6 lakh was reportedly stolen, the police have not found the accused nor the jewelery and the case is still on pending FIR for the past two years and the victim is being forced to approach the High Court to expedite the investigation, the judge said. He suo motu pleaded with the Tiruchy police commissioner and directed the officer to monitor the investigation and ensure recovery of the stolen items within a month.