- (1.)THIS petition seeks a direction for investigation by Central Bureau of Investigation.
(2.)A young girl by name Manimegalai aged 17 years had been taken on the night of 09.10.2006. It transpires that she had been taken away to Goa. A complaint in Tamil had been preferred on 06.11.2006 by mother of the girl and the translation of the same in English is as follows: 'While I was in prison for prohibition offences, my husband and daughter Manimegalai were staying in the house. On 10.10.2006 morning, my daughter was found missing. After enquiry, I came to know that one Rasathi along with his associates Simon, Durai, Thanikalas and Rupan kidnapped my daughter along with two sovereigns of gold. Since I was not able to trace out my daughter, my husband informed the same to the Village Panchayat. Even though the said Rasathi had confessed himself before the Panchayat for the alleged kidnap and agreed to bring my daughter within two days, Rasathi did not turn up even after one month. Later on, I was informed by my niece Muthulakshmi that my daughter was set on fire on 01.11.2006 in Goa. Hence, I preferred a complaint on 02.11.2006 before the 4th respondent herein and the complaint was refused to accept for the reason the occurrence took place outside Tamil Nadu. When I contacted on the number given by my niece Muthulakshmi, my daughter muttered repeatedly that she had been set on fire by pouring oil onto her body and disconnected the line. Later on, the said Rasathi informed of the address of a hospital Bambooli, Bangalore-Uppili. When contacted again on the same number, my daughter Manimegalai urged me to come to that place along with higher people to rescue her, since she was in a serious condition due to the burn injury. Thereafter, I made a complaint to various officials by furnishing the phone number to conduct proper investigation in the matter to save my daughter's life.'
On such complaint, a case in Crime No. 334 of 2006 was registered by the forth respondent. Subsequent to the investigation, charge sheet has been filed for offences under Sections 147, 366(A) IPC r/w 3 (ii)(v) of SC & St Act against five persons.

Learned counsel for the petitioner would submit that no proper investigation had been conducted in the case and the fourth respondent had only acted in such manner as would shied the accused from the consequences of their wrongful action. The complaint made clear that the minor girl had been set on fire and the fact thereof had been informed to the complainant by one Muthulakshmi, niece of the complainant. On being contacted at the telephone number given by the said Muthulakshmi, the complainant's daughter had informed that she had been set on fire. This has been reiterated by the deceased girl subsequently also. A charge sheet has been filed for offence under Sections 147 and 366(A). The cold blooded murder easily can be perceived in the circumstances of the case. It is absolutely necessary that CBI may be entrusted with the investigation in the case. The decision of the Apex Court in Kashmeri Devi Vs. Delhi Administration and another reported in AIR 1988 Supreme Court 1323 was relied upon by the learned counsel for the petitioner to impress upon this Court and that prima facie, it would appear that the respondent police acted towards shielding the culprits. Hence, a direction for investigation by CBI is necessary.

(3.)LEARNED Government Advocate (Crl.Side) would submit that due investigation has been conducted in the matter and the culprits had been brought to book. The Executive Magistrate at Goa had recorded the statement under Section 164 Cr.P.C. from the victim girl at 7:45p.m. on 02.11.2006. As the girl has died, the same has now become admissible evidence under Section 32 of the Evidence Act. Such statement has been recorded by the learned Magistrate after following due procedure. A reading of the statement makes it very clear that the deceased girl had suffered burn injuries owing to an accident in the hut, questioned about her husband, she has stated that theirs was a love marriage and the husband was a very good man, who loved her very much and that what had happened was a case of mere accident. LEARNED Magistrate had taken due precautions and the questions had been put in Hindi, which had been interpreted in Tamil and the answer given in Tamil again was interpreted in Hindi to the Magistrate. On finding that the persons named in the complaint of the petitioner, viz. Rasathi and others had taken away the victim girl in improper manner and committed other offences, due charge sheet had been filed. There was nothing to suspect any wrong doing on the part of the fourth respondent police to call for any interference or action by this Court.
I have considered the rival submissions and perused the entire materials available on record.