VEEDHI NOOKARATNAM Vs. UNION OF INDIA

JUDGEMENT

(1.) The son of the petitioners had passed away, in suspicious circumstances, on 20/5/2022. Upon a complaint made in this regard by the 1st petitioner, Crime No.195 of 2022 was registered on 20/5/2022 in Sarpavaram Police Station, East Godavari District, under Sec. 174 Cr.P.C. Thereafter, the provision of law was altered to offences punishable under Ss. 302 and 201 read with Sec. 34 IPC and Sec. 3(1)(r)(s) and Sec. 3 (2)(v) of SC & ST (Prevention of Atrocities) Act, 1989 (for short 'the Act').

(2.) The sole accused in the case was arrested on 23/5/2022 and has remained in judicial custody since then. The Investigating Officer has filed a charge sheet before the Special Court for SCs and STs (Prevention of Atrocities) Act cum X Additional District and Sessions Judge, Rajamahendravaram on 22/8/2022, in which the accused has been accused of offences under Ss. 302, 201 IPC and Sec. 3(1)(r)(s) and Sec. 3 (2)(v) of the Act. About 56 witnesses have been listed along with the charge sheet. It is also stated in the charge sheet that C.C. TV footage of the house of the accused after the commission of offence and the CC footage near the scene of offence prior to the commission of offence is to be examined to ascertain the presence and involvement of the other accused, if any, and that the other accused could be charged by way of an additional charge sheet if reliable evidence, either technical or material, regarding the involvement of other persons comes out in the case. This charge sheet is said to have been returned with some objections and steps are being taken to resubmit the charge sheet.

(3.) Even while the investigation was going on in the above case, the petitioners had submitted a representation dtd. 8/6/2022, to the authorities to transfer the investigation to an independent investigating agency like C.B.I. The petitioners contend that this representation has been ignored by the State machinery and no response has been given in relation to this representation. The petitioners are now before this Court, seeking a direction from this Court to transfer the investigation of the above case to an independent investigating agency like C.B.I.