Mere apprehension without materials cannot be entertained – Madras High Court
The petitioner’s claims concerning the investigation are unfounded. As can be seen, the inquiry into this matter is continuing as planned. Already, 55 witnesses have been interviewed, a forensic report has been acquired, and a post mortem doctor’s opinion has been obtained. Also, CDR data has been collected and validated. This was decided by the single bench heading Honourable Justice M. Nirmal Kumar in the case of Uma v. The Superintendent of Police &amp; Ors. (W.P.No.20976/2021) The crux of the issue is that the complainant’s mother Nachathal was living alone in Ayegoundanpalayam after her father died five years ago. A case was registered in Crime No.64 of 2021 under Section 174 of Cr.P.C., on the complaint of one Chellamuthu/de facto complainant when the de facto complainant received a phone call from the Villagers about 5 p.m. on 17th February, 2021, informing him of smoke coming from his mother’s house. The de facto complainant’s mother committed suicide by self-immolation, and the complainant instructed his relative Eswari to check and tell. Eswari went to the Nachathal’s residence and found that the de facto complainant’s mother had committed suicide by self-immolation. Doctors at the Dharapuram Government Hospital then confirmed her dead and deposited her remains in the morgue. The petitioner, who is the daughter of deceased, expressed concern about her mother’s death and made a representation to the Superintendent of Police, Tiruppur, on February 24, 2021. The petitioner’s complaint is that on February 18, 2021, about 5.30 p.m., she alerted the Mulanur Police that she had some doubts about her mother’s death. Her mother had been murdered, and she felt it was the fault of her brother Chellamuthu and sister-in-law Anbukarasi. The petitioner’s complaint is that the First Information Report was submitted incorrectly with misleading information, and she gathered photographs of her mother’s body, but no action was taken, and the claims recorded were not accurate. The Mulanur Police do not collect the phone numbers of the suspects. The probe had been stalled for more than three months by the police. The details of the CDR were not verified. The following facts were discovered throughout the investigation. Nachathal was about 80 years old when she died, and she was living alone in a modest cottage in Ayegoundanpalayam Village. She had two children, one named Tr. Chellamuthu and the other named Tmt. Umadevi, who is the petitioner in this case. There was a feud between Nachathal’s and Umadevi’s families. As a result, the petitioner no longer visits Nachathal’s home. As a result, they were unable to communicate with one another and expressed their displeasure with one another. Tmt. UmaDevi, despite residing in a neighbouring village about two kilometers away, has never visited or assisted her mother Nachathal. The claimed Nachathal was in a lot of mental pain and used to communicate to a woman named Eswari, who told her that she was disinherited in life and that her son and daughter had abandoned her. She told Eswari @ Rajeswari that she was going to commit suicide by self-immolation. So, here the single bench heading Honourable Justice M. Nirmal Kumar dismissed the petition stating that furthermore, the petitioner’s concerns about the investigation are baseless. The inquiry in this case appears to be going in the right way. Already, 55 witnesses have been interviewed, a forensic report has been acquired, and a postmortem doctor’s opinion has been obtained. CDR data has been collected and validated. A forensic report from the Regional Forensic Laboratory in Chennai is also required. The records will be scrutinized in their entirety, and a second view will be sought. It can be noticed that a significant chunk of the investigation has progressed. The allegations leveled against the Mulanur Police Station Investigating Officer and the CBCID Investigating Officer are unsupported by evidence. As a result, the above petitions are unlikely to be heard by this Court. The petitioner’s assertion that she and her girls were intimidated by someone is just that: an allegation. The petitioner has made no specific references to anyone or offered any information. There is likewise no concrete justification presented for doubting the forensic report. It is impossible to entertain mere apprehension in the absence of evidence.
Crl.O.P.Nos.17958 & 181121 and W.P.No.209721IN THE HIGH COURT OF JUDICATURE AT MADRASRESERVED ON : 29.11.2021PRONOUNCED ON : 23.12.2021CORAMTHE HONOURABLE MR.JUSTICE M.NIRMAL KUMARCrl.O.P.Nos.17958 & 181121andW.P.No.2097211.Uma ... first Petitioner in Crl.O.P.Nos.17958 181121 & W.P.No.20976 20212.K.Jeevitha ... second Petitioner in Crl.O.P.No.17958 2021 Versus1.The Superintendent of Police CBCID Chennai.2.The Investigating Officer Crime Branch CID South Tiruppur. ... Respondents in Crl.O.P.No.17958 20211.The Superintendent of Police Tiruppur District Tiruppur. 1 30 https: www.mhc.tn.gov.in judis Crl.O.P.Nos.17958 & 181121 and W.P.No.2097212.The Inspector of Police Moolanur Police Station Tirupur District.3.Kothukara Kanagaraj4.Sivakumar5.Pillakal Thootam Shanmugam6.Maniyathal7.Muthulakshmi8.Karasakattu Chellamuthu9.Kumar ... Respondents in Crl.O.P.No.18113 20211.Union of India Secretary Secretary Ministry of Home Affairs Shastri Bhavan New Delhi Delhi.2.Central Bureau of Investigation Director CGO Complex Lodhi Road New Delhi Delhi.3.The Director General of Police CB CID Chennai.2 30 https: www.mhc.tn.gov.in judis Crl.O.P.Nos.17958 & 181121 and W.P.No.2097214.The Investigating Officer Crime Branch CID South Tiruppur. ...Respondents in W.P.No.20976 2021PRAYER in Crl.O.P.No.17958 2021: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure to direct the Regional Forensic Laboratory Coimbatore to preserve the Viscera sample of the deceased Nachathal sent in connection with Crime No.621 on the file of the third respondent herein transferred and renumbered as Crime No.21 on the file of the second respondent herein till such time as prescribed by this Court. PRAYER in Crl.O.P.No.18113 2021: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure to direct the second respondent herein to provide necessary Police protection to the petitioner and her family members pursuant to the representation dated 23.06.2021 given to the first respondent. PRAYER in W.P.No.20976 2021: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first 3 30 https: www.mhc.tn.gov.in judis Crl.O.P.Nos.17958 & 181121 and W.P.No.209721respondent herein to withdraw the investigation in Crime No.21 on the file of the fourth respondent and transfer the same to the file of the second respondent herein and conduct the investigate in accordance with law. For Petitionersin all Crl.O.Ps.& W.P.:Mrs.K.Umaand Ms.Sathya visited the office of CBCID met SP Mr.Rohit. During discussion with Mr.Rohith she informed that the present case to be registered as murder case and must be investigated by CBCID team. Mr.Tiruvanandam Inspector of Mulanur Police Station declared the death of Nachathal as suicide due to the influence of the Village President and 11 30 https: www.mhc.tn.gov.in judis Crl.O.P.Nos.17958 & 181121 and W.P.No.209721Councillor and a case has been registered under Section 174 of Cr.P.C. There are strong circumstantial evidence to confirm that her mother was murdered. The CBCID SP Mr.Rohith informed that the forensic and circumstantial evidence prove beyond reasonable doubt that the death of her mother was a murder. Despite the same no action was taken FIR not altered and due to the delay the main accused escaped. The accused are still residing in the same Village. 11. On 12.08.2021 Mr.Rohith refused to meet petitioner. Thereafter several requests were sent to DGP CBCID. Mr.Rohith informed her that if they raise questions regarding the investigation CBCID team will turn against them. The petitioner was shocked and appalled as it is her duty to follow up the case to know the truth. She further submitted that on the night of 16.08.2021 one Mrs.Radha contacted the petitioner s daughters Ms.Jeevithaand Ms.Sathya through phone and informed that she is the new CBCID Investigating Officer and she has re registered the First Information Report vide Crime No.21. She further submitted that the petitioner s daughter Sathya immediately asked Mrs.Radha that despite CBCID SP Mr.Rohith confirmed that the case was received to CBCID team as 12 30 https: www.mhc.tn.gov.in judis Crl.O.P.Nos.17958 & 181121 and W.P.No.209721 Murder why the FIR was not registered under Section 302 of IPC for which there was no proper reply from Mrs.Radha. She further submitted that the forensic report clearly indicates that the death of her mother is a murder and hence the correct provisions of law ought to be stated in the FIR. She further submitted that despite requesting Mrs.Radha to state the correct provisions of law in the FIR she turned deaf to their requests. She further submitted that she had sent representation to the Governor and Home Secretary of Tamil Nadu requesting them to stop the CBCID investigation with immediate effect since the First Information Report lodged does not include correct provisions of law and also requested the Hon ble Governor and Home Secretary of Tamil Nadu to take possession and look into the CCTV footage and the conversation between the petitioner her daughters with Mr.Rohith on 04.08.2021 at CBCID office and the CBCID officer Mr.Rohith admitting the death of Nachathal as murder. On 16.09.2021 the petitioner s daughters enquired with the Regional Forensic Team with regard to despatch of forensic report. It was informed that the report was dispatched on 09.09.2021. However Mr.Rohith as early as on 04.08.2021 informed that the forensic report analysis have confirmed her mother s death as murder and forensic report indicates that her mother was murdered. Since there is a disparity she suspects that there is every possibility 13 30 https: www.mhc.tn.gov.in judis Crl.O.P.Nos.17958 & 181121 and W.P.No.209721of tampering of evidences and the reports. Further in the forensic report it is mentioned that no poison was found in the viscera report.12. The Sub Inspector of Police Mr.Nagarajan Head Constable Mr.Boopathy and CBCID SP Mr.Rohith had confirmed that her mother was murdered but the First Information Report is yet to be altered to Section 302 of IPC and the case is completely proceeded on a misdirected direction with false information and witnesses statement were recorded accordingly as seen in the status report. She further submitted that she decided to submit some confidential information with evidence about Nachathal s murder to the “Hon ble President of India” “Chief Justice of India” & some key Authorities in the Central Government to bring out the truth behind her mother s suspicious death. She further stated that in the year 2015 due to the physical assault inflicted upon the petitioner by the accused the petitioner had lodged a complaint to the Mulanur Police Station CSR assigned but no action taken. However the petitioner and her daughters will appear before the CBI enquiry and disclose all the facts. Hence she sought for transfer of investigation. Since the CBCID not conducted proper investigation they are ready to appear before CBI to disclose the true facts hence sought transfer of investigation.14 30 https: www.mhc.tn.gov.in judis Crl.O.P.Nos.17958 & 181121 and W.P.No.20972113. The fourth respondent in W.P.No.209721 The Investigating Officer Crime Branch CID South Tirupur filed a counter and status report narrating the events from registration of the case on the complaint of one Chellamuthu by the Mulanur Police Station registered as Crime No.621 under Section 174 of Cr.P.Cfor suspicious death and submitted the CD file to the then Inspector of Police Tr.Thiruvanantham Mulanur Police Station for further investigation. The Sub Inspector of Police sent requisition to the Medical Officer Government Hospital Dharapuram to conduct postmortem on the dead body of Nachathal.14. He further submitted that on 19.02.2021 Tr.Thiruvanantham the Inspector of Police took up investigation of this case examined relevant witnesses and recorded their statements. On 23.02.2021 the viscera organs of the deceased Nachathal were collected and the same were sent to Regional Forensic Science Laboratory Coimbatore. On 02.03.2021 the Inspector of Police summoned the petitioner herein viz. Uma Devi and her daughters 16 30 https: www.mhc.tn.gov.in judis Crl.O.P.Nos.17958 & 181121 and W.P.No.209721namely Sathya and Jeevitha to appear before the Investigation Officer on 03.03.2021. On 04.03.2021 the petitioner appeared before the Investigation Officer and presented a petition raising questions and suspicion over the death of Nachathal. On 09.03.2021 the Inspector of Police Mulanur sent a letter to Thasildar Dharapuram to transfer all the documents relevant to this case to Judicial Magistrate Dharapuram. As per the request the documents and materials were transferred and produced before the Judicial Magistrate Court Dharapuram. On 15.03.2021 the petitioner herein filed a Writ Petition in W.P.No.72221 before this Court seeking transfer of investigation of this case to Crime Branch CID. In the meanwhile she presented a petition to the Director General of Police Head of Police Force requesting to transfer the investigation of this case to the State Crime Branch CID. As per R.C.No.6413 Crime 2(2) 2021 dated 27.07.2021 the case was transferred. As per the orders of the Director General of Police Head of Police Force The Director General of Police Crime Branch CID directed the fourth respondent to conduct further investigation vide C.No.Crime I(2) 361 10629 2021 dated 03.08.2021. The case was registered in Tiruppur Crime Branch CID Crime No.021 under Section 174 of Cr.P.C.dated 16.08.2021. Thereafter the fourth respondent took the investigation in this case collected 17 30 https: www.mhc.tn.gov.in judis Crl.O.P.Nos.17958 & 181121 and W.P.No.209721all the relevant documents from the previous Investigating Officer. The fourth respondent perused the CD file and thereafter proceeded to the spot prepared observation mahazar rough sketch and seizure mahazar from the scene of occurrence on 18.08.2021. He visited the scene of crime with the help of scientific officer Finger print expert Police photographer and recovered 1) Swab of smearable smoke deposit from the wooden bench 2) melted substance from the wooden bench 3) torn piece of green cloth collected with the help of scientific officer. CBCID sent a request letter to the mobile network service provider requesting them to provide CDR tower location etc. for the suspected numbers provided by the petitioner herein. The seized materials from the scene of crime were produced before the Chief Judicial Magistrate Court Tiruppur and recorded as CP.No.08 2021 and CP.No.021. The seized materials were forwarded to Tamil Nadu Forensic Science Laboratory Chennai for chemical analysis. The fourth respondent sofar examined 53 witnesses recorded their 161(3) Cr.P.C. statements and interrogated the suspected persons identified by the petitioner. He further submits that he summoned the petitioner over phone on 17.08.2021 19.08.2021 and 23.08.2021 but the petitioner failed to attend the call her daughters conveyed a message to the fourth respondent that they will not attend the enquiry till the 18 30 https: www.mhc.tn.gov.in judis Crl.O.P.Nos.17958 & 181121 and W.P.No.209721case is altered to Section 302 of IPC. Since they failed to appear and co operate with the investigation summon was affixed on the address of the petitioner at Karupparayanpudur on 24.08.2021 and a copy of summon was sent through registered post on 15.09.2021 and also sent a summon to her daughter s email address on 18.09.2021. Even after receipt of the summons the petitioner failed to appear for enquire and co operate with the investigation. 15. Further during the investigation the following facts came to light. The deceased Nachathal was aged about 80 years and she was living alone in a small house at Ayegoundanpalayam Village. She had two children one Tr.Chellamuthu and another is Tmt.Umadevi petitioner herein. During the year 2010 when Nachathal s husband Thirumalaisamy Gounder was alive he had given in lease of his land to Chandrasekar who had enmity with Kathirvel the husband of the petitioner herein. This created dispute between Nachathal s family and Umadevi s family. Due to which the petitioner stopped to visit Nachathal s house. During the year 2011 Nachathal s husband Thirumalaisamy passed away. At that time neither Kathirvel nor Umadevi attended the funeral. Likewise during the year 2014 Kathirvel the petitioner s husband passed away. At that time Nachathal and her son Chellamuthu has 19 30 https: www.mhc.tn.gov.in judis Crl.O.P.Nos.17958 & 181121 and W.P.No.209721not attended the funeral. Thus they were not in talking terms and had displeasure towards each other. In these circumstances Nachathal was living alone at Ayegoundanpalayam Village she was paid Rs.1 000 per month by her son Chellamuthu. The petitioner herein Tmt.UmaDevi eventhough living in the nearby Village within two kilometers has never visited and helped her mother Nachathal. Her son Chellamuthu is settled in Coimbatore and he is doing money lending business at Coimbatore which is situated nearly 120 Kilometers away from Nachathal residence at Ayengoundanpalayam. Tmt.Nachathal used to purchase ration materials like rice sugar kerosene etc. from the ration shop at Ayengoundanpalayam with the money given by her son Chellamuthu. The said Nachathal had high level of mental agony and used to talk to one Eswari @ Rajeswari who informed that she was disinherit in life and complained that she was left alone by her son and daughter. She was suffering health ailments and unable to intake food and water. She informed to Eswari @ Rajeswari that she will commit suicide by self immolation. She also requested Eswari @ Rajeswari to place a piece of cloth on her dead body after her death to cover her body since her dress would be burnt. Nachathal was suffering from both mental and physical loneliness and was in a depressed state. In such a situation on 12.02.2021 she suffered from headache throat 20 30 https: www.mhc.tn.gov.in judis Crl.O.P.Nos.17958 & 181121 and W.P.No.209721pain difficulty in swallowing and unable to take food and water for which she took treatment at NG Hospital Coimbatore. The medical treatment was given by her son. The treatment particulars reveal that she was suffering from severe anemia under evaluation dysphagia ulcer problem and she also had mental depression. On 14.02.2021 she was discharged from NG Hospital Coimbatore and returned to her native place through car which was arranged by her son Chellamuthu. It was ascertained that the medical bill at NG Hospital Coimbatore was paid by her son Chellamuthu. On the same day the said Nachathal again fell ill and asked one Rani to arrange to talk to her grand daughter Sathya. Accordingly Rani contacted Sathya and conveyed the message that her grandmother Nachathal was not well and she wants to meet Sathya. At that time Sathya informed Rani to make arrangements for admitting Nachathal to a nearby Hospital. Sathya also sent Rs.2500 through Google Pay to Tr.Naveen S o.Rani for the medical expenses. The said Nachathal was admitted in Prakash Hospital Chinna Dharapuram on 14.02.2021 and got discharged on 17.02.2021. One Rani neighbour of Nachathal house saw her sitting in front of her house on that day. Subsequently around 15.30 hrs one Deivanai another neighbour of Nachathal found smoke coming from Nachathal s house. Immediately Dheivanai shouted 21 30 https: www.mhc.tn.gov.in judis Crl.O.P.Nos.17958 & 181121 and W.P.No.209721for help and informed Meenakshi. They found that the front door of Nachathal s house was opened and they saw Nachathal in flame and smoke lying on the floor in the hall. Subsequently Pooranam Ranganayagi Kothukara Kanagaraj Eswari and other Villagers came there put off the fire and then informed to her son Chellamuthu. Subsequently the information was passed to Mulanur Police Station Police Personnel of Mulanur Police Station came to the spot removed the dead body to the Government Hospital Dharapuram with the help of Villagers and relatives of Nachathal. Before removal of dead body from the scene of occurrence the petitioner herein Umadevi and her daughter Jeevitha came to the spot in the evening. They had not entered the house and shown no inclination to see Nachathal body. Even after the request of local Police Umadevi and her daughter Jeevitha refused to see the dead body of Nachathal. After that around 9.30 p.m. Nachathal s son Chellamuthu visited the Mulanur Police Station and gave the complaint and on receipt of the same a case registered and further process commenced.16. The fourth respondent examined Dr.Chokkalingam who conducted autopsy over the dead body of Nachathal. Viscera report obtained from the Regional Forensic Science Laboratory Coimbatore confirms that no 22 30 https: www.mhc.tn.gov.in judis Crl.O.P.Nos.17958 & 181121 and W.P.No.209721poison was detected in the viscera organs collected from the dead body of Nachathal. Dr.Chokkalingam had stated that he noticed burn injuries on the dead body of Nachathal which was Anti mortem in nature. He has also found suit carbon particulars were found on the trachea of the deceased and no other injuries were found on the dead body. Dr.Chokkalingam opined that the deceased appear to have died of shock due to burn injury. On the complaint of the petitioner CDR of the suspected persons were analysed nothing incriminating found. The materials collected by the CBCID from the scene of crime were sent to the Tamil Nadu Forensic Science Laboratory Chennai for chemical analysis. The report is yet to be received and the second opinion will be obtained from HOD Forensic Department Coimbatore with regard to cause of death of Nachathal. 17. Investigation is proceeding in the right direction. The persons who are suspected by the petitioners were examined and verified. The investigation is in progress. As on date the petitioner s suspicion seems to be without any materials. During investigation if any material is collected appropriate action will be taken. The petitioner has been making bald allegations initially against Mulanur Police later against the CBCID SP and 23 30 https: www.mhc.tn.gov.in judis Crl.O.P.Nos.17958 & 181121 and W.P.No.209721against the Investigating Officer. The Investigating Officer has nothing against the petitioner and the investigating has been properly conducted. The petitioner without any material made bald allegations. Hence he prayed for dismissal of the petitions. The petitioner seeks police protection without naming any particular person or giving valid reasons. If any complaint is received by naming persons with tangible materials appropriate action would be taken and police protection will be given.18. This Court considered the rival submissions and perused the materials. It is seen that the deceased Nachathal had a son and a daughter who are the defacto complainant and the petitioner in this case. The deceased Nachathal was aged about 80 years she was living alone in a small house in Ayengoundanpalayam she felt deserted. In the year 2010 Nachathal s husband Tirumalaisamy the father of the petitioner and the defacto complainant gave lease of his land to Chandrasekar. The said Chandrasekar had enmity with Kathirvel the husband of the petitioner due to which dispute and displeasure arose between the petitioner and her mother s family. In the year 2011 Nachathal s husband Thirumalaisamy father of the petitioner passed away. The petitioner and her husband Kathirvel did not participated in 24 30 https: www.mhc.tn.gov.in judis Crl.O.P.Nos.17958 & 181121 and W.P.No.209721the funeral and other rituals. Likewise on the death of the petitioner s husband Kathirvel neither Nachathal nor Chellamuthu participated in the funeral and other rituals. Such was the animosity between them. The petitioner s brother Chellamuthu is residing in Coimbatore along with his family. He took care of his mother by providing monetary support. When Nachathal was suffering from ill health on 12.02.2021 she was admitted in NG Hospital Coimbatore. Later she got discharged on 14.02.2021 and she returned back home by a Car arranged by Chellamuthu. After Nachathal reached home she again suffered health ailments and she was unable to take food and water. Thereafter she got admitted in Chinna Dharapuram Prakash Hospital. On 17.02.2021 at about 15.00 hrs one Rani a neighbour saw Nachathal sitting in front of her house. She was in a depressed mood her son residing in Coimbatore 120 kilometres far away and her daughter though only 2 kilometres away failed to visit their mother for years together. Later another neighbour Meenakshi saw the front door of Nachathal house was opened flame and smoke coming from inside. Raising alarm she visited the house with other villagers found Nachthal body burnt lying on the floor. The petitioner on coming to know about the death of her mother though came to the scene of occurrence refused to enter the house to see the condition of her mother. However she suspected that it was a 25 30 https: www.mhc.tn.gov.in judis Crl.O.P.Nos.17958 & 181121 and W.P.No.209721murder for the reason there is no burn injuries on the back side of the body. The Forensic Doctor opined that there is no poison or any substance found in the viscera. The Post mortem doctor in his report opined that the cause of death of the deceased was due to burn injury which was anti mortem in nature. The petitioner made allegations against the Investigation Officer of Mulanur Police Station for not taking her complaint and not registering a case of murder but there is no material to show that the petitioner had given any complaint then. It is normal that such death are registered under Section 174 of Cr.P.C. Only during investigation if materials found Section will be altered. Chellamuthu son of Nachathal had given a complaint and a case under Section 174 Cr.P.C. was registered. There is nothing wrong in it. Nothing to infer any malice.19. The other allegation of the petitioner that the CBCID Police registered the case in Crime No.021 under Section 174 of Cr.P.C. which is reproduction of contents in Crime No.621 registered by the Mulanur Police Station instead of registering a case under Section 302 IPC as it is a case of murder registering the case under Section 174 Cr.P.C. is not proper. On the direction of the DGP of Police the case has been registered vide 26 30 https: www.mhc.tn.gov.in judis Crl.O.P.Nos.17958 & 181121 and W.P.No.209721C.No.Crime I(2) 361 10629 2021 dated 03.08.2021. While transferring a case from one investigation agency to another the earlier contents of the FIR would be re registered and thereafter during the investigation if any materials are found the same would be added later by way of alteration report. The apprehension of the petitioner that the SP of Police on 04.08.2021 informed that it is a case of murder and and the forensic report may be tampered these are bald allegations without any material. The Forensic report post mortem report given by the Government authorities. They are responsible officials no motive to be attributed against them without any materials.20. One other allegation of the petitioner is that in the year 2015 due to family dispute the petitioner was threatened by one Velusamy Vadivel Maniyathall and Balakrishnan for which CSR.No.1715 was assigned. They have nothing to do with the present case. The persons who are named in the said CSR are attempted to be linked in this case which cannot be accepted.21. The seized articles from the scene of occurrence were sent to the forensic expert through the Court. The petitioner participated in the 27 30 https: www.mhc.tn.gov.in judis Crl.O.P.Nos.17958 & 181121 and W.P.No.209721inquest raised no objection. The other allegation that the Farmhouse lock was broken foot print found and some movement were noticed is no way connected with the investigation of this case. Further doubts raised by the petitioner about investigation is without reason. It is seen that investigation in this case is proceeding in the right direction. Already 55 witnesses examined forensic report received opinion of the post mortem Doctor obtained CDR details collected and verified. Further one more forensic report from the Regional Forensic Laboratory Chennai to be obtained. It is submitted that the entire records would be scrutinised and second opinion will be obtained. It is seen that substantial portion of investigation progressed. The allegation made against the Investigating Officer of Mulanur Police Station and CBCID Investigating Officer are without any materials. 22. In view of the same this Court is not inclined to entertain the above petitions. The complaint of the petitioner that she and her daughters were threatened by someone is only an allegation without materials.The petitioner has not mentioned any named person and provided any particulars. It is also seen that no tangible reason is given for doubting forensic report. Mere apprehension without materials cannot be entertained. Further the 28 30 https: www.mhc.tn.gov.in judis Crl.O.P.Nos.17958 & 181121 and W.P.No.209721premier agency of the State viz. CBCID is conducting the investigation which is proceeding in the right direction. In view of the same the fourth respondent shall continue the investigation and file a final report in this case without delay with due intimation to the petitioner.23. Hence all the petitions in Crl.O.P.Nos.17958 & 181121 and W.P.No.209721 are dismissed. 23.12.2021Index: Yes NoInternet: Yes NodnaNote: Issue Order Copy on 23.12.2021.To1.The Director General of Police CB CID Chennai.2.The Superintendent of Police CBCID Chennai.3.The Superintendent of Police Tiruppur District Tiruppur. 29 30 https: www.mhc.tn.gov.in judis Crl.O.P.Nos.17958 & 181121 and W.P.No.209721M.NIRMAL KUMAR.J. dna4.The Investigating Officer Crime Branch CID South Tiruppur. 5.The Inspector of Police Moolanur Police Station Tiruppur District6.The Inspector of Police Mooanur Police Station Tirupur District.7.Union of India Secretary Secretary Ministry of Home Affairs Shastri Bhavan New Delhi Delhi.8.The Central Bureau of Investigation Director CGO Complex Lodhi Road New Delhi Delhi.9.The Investigating Officer Crime Branch CID South Tiruppur. 10.The Public Prosecutor High Court Madras.PRE DELIVERY ORDER INCrl.O.P.Nos.17958 & 181121andW.P.No.20972130 30 