Madras HC pulls up TN police over delay in probe in two cases

"If the police are not carrying out a proper investigation, the victims may not get a remedy,” observed Justice B Pugalendhi
The judge pointed out that as per Section 2(h) of the CrPC and Section 2(j) of the BNSS, the power of investigation is also vested not only with a police officer but also with anyone authorised by a magistrate.
The judge pointed out that as per Section 2(h) of the CrPC and Section 2(j) of the BNSS, the power of investigation is also vested not only with a police officer but also with anyone authorised by a magistrate.
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MADURAI: Displeased with the state police for delay in completing probe in two separate cases, one of which was a hit-and-run case, the Madurai Bench of the Madras High Court recently criticised that if not for the victim’s situation, it would have permitted her to investigate the case along with the police.

“The state is the prosecuting agency and every victim of a crime depends upon it. If the police are not carrying out a proper investigation, the victims may not get a remedy,” observed Justice B Pugalendhi, while passing two separate orders in petitions seeking expeditious investigations.

The first petition was filed by S Kamala, who lost her husband in a hit-and-run incident eight months ago and the police are yet to identify the vehicle involved. The judge pointed out that as per Section 2(h) of the CrPC and Section 2(j) of the BNSS, the power of investigation is also vested not only with a police officer but also with anyone authorised by a magistrate.

But he said he refrained from permitting Kamala to conduct the probe along with the police, considering she is a young widow with two kids. He therefore suo motu impleaded the Dindigul superintendent of police to the case and directed the officer to ensure the vehicle involved is identified and action is taken by two weeks.

Case pending at FIR stage for last 2 years

The judge made similar observations in another petition filed by R Kanimozhi in a burglary case registered in 2022. Though jewellery worth `6.6 lakh was reported to have been stolen, the police have neither found the suspect nor the jewellery and the case is still pending at the FIR stage for the last two years and the victim is forced to knock the doors of the high court to expedite the probe, the judge said. He suo motu impleaded Tiruchy police commissioner and directed the officer to monitor the investigation and ensure that the stolen articles are recovered within a month.

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