HC orders CBI probe into murder case; raps police

Don't want to miss the best from Business Standard?

Lambasting the city police for improper investigation into a murder committed in 2012 in which a former DMK MLA's name figured, Madras High Court today ordered a CBI probe in the case.
Posing a spate of embarrassing questions to police, including Deputy Commissioner who was present in the court, Justice S Nagamuthu pulled up the officers for failure to supervise the probe and filing a charge sheet and final report solely based on the confession of accused.
"It appears that an attempt has been made to safeguard the interest of some people who are really involved in the crime. If the trial court is allowed to proceed with the trial in this matter, I apprehend, all these accused will certainly be acquitted as the entire charge sheet has been laid only on the basis of the confession of accused," the Judge held.

The Judge did not even spare the metropolitan magistrate court, which took cognisance of the offences. The court had committed illegality in simply accepting the final report without applying its judicial mind and without issuing notice to the de facto complaint, the father of the victim.
The city public prosecutor was also questioned as to how he cleared the report.
"The father of the deceased who is the de facto complainant has alleged the involvement of 30 persons, including former MLA B Ranganathan, no effort was taken by the Inspector of Police who investigated this matter to find out the possible involvement of the named persons in the FIR," the judge noted.

Allowing a petition by the father of the murder victim, he quashed the final report submitted in trial court and directed the Joint Director of CBI, Chennai, to entrust the probe to an officer not below the rank of DSP/Assistant Commissioner and submit a final report preferably within six months.

The case pertained to the daylight murder of 37-year-old Bhuvaneshwaran on January 10, 2012 by four persons, who waylaid him and fatally attacked him indiscriminately when he was bringing back his three-year old daughter from school.
After going through the case dairy and final report, the judge observed that it was crystal clear that the investigation had not been done properly.

Turning to Deputy Commissioner Manoharan, Justice Nagamuthu questioned him how can a final report be filed merely on the basis of the confession statements without recording any evidence of the eyewitnesses.