1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.07.2011 CORAM: THE HONOURABLE MS.JUSTICE R.MALA Criminal Original Petition(MD) No.8095 of 2011 & M.P(MD)No.1 of 2011 Dr.Russel Raj .. Petitioner -Vs-. 1.State of Tamil Nadu, Rep.by Inspector of Police, Colachel Police Station, Kanyakumari District. 2.The Superintendent of Police, Kanyakumari District. 3.The Inspector of Police, CBCID, Kanyakumari District. .. Respondents Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. to transfer the investigation in Crime No.74 of 2009 which is now pending investigation on the file of the first respondent police to any other independent agency like CBCID of the District and to allow the above Crl.O.P. For Petitioner :Mr.Veera Kathiravan For Respondents:Mr.K.V.Rajarajan, Govt.Advocate(Crl.Side) O R D E R The petitioner approaches this court with a prayer to transfer the investigation in Crime No.74 of 2009 which is now pending investigation on the file of the first respondent police to any other independent agency, like CBCID of the District and to allow the above Crl.O.P. 2.Heard the learned Counsel appearing for the petitioner and the learned Government Advocate(Crl.Side)appearing for the respondents. 3.The learned Counsel appearing for the petitioner submits that the petitioner herein being a Homeopathy Doctor, is having a Shop by name and style of M/s.Majestic Homeo Medicals at Door https://hcservices.ecourts.gov.in/hcservices/ 2 No.5-61 F.Chevaracode, Veeyyanoor Post, Kanyakumari District. Since the police threatened stating that without licence he is selling the medicines, he filed a Writ Petition in W.P.No.4207 of 2004. In that Writ petition, after recording the statement of learned Special Government Pleader, this Court passed an order stating that the petitioner herein is carrying of the business, wholesale and retail strictly in accordance with the licence and the respondents shall not interfere with the business and with that observation, Writ Petition No.4207 of 2004 was disposed of on 12.04.2005. 4.Subsequently, on 06.04.2009, the case against the petitioner has been filed under Sections 294(b),307 and 506(ii) IPC, because of enmity for filing the writ petition, the above said false case has been filed against the petitioner. 5.The petitioner filed Crl.O.P(MD)No.372 of 2010 for quashing the FIR. In that petition, it was specifically mentioned by the learned Government Advocate(Crl.Side) submitted that there is no offence under Section 307 IPC made out. Recording the same, the said petition has been disposed of. 6.He further submit that now, the first respondent Inspector of Police, Colachel Police Station,Kanyakumari District is taking steps to investigate the matter and file the charge sheet under Sections 294(b),307 and 506(ii) and since the petitioner afraid, he prayed for transferring the investigation from the first respondent to the third respondent. 7.But at the time of argument, the learned Counsel for the petitioner fairly conceded a neutral Investigating Officer has to be appointed in the matter to investigate the matter in accordance with law. 8.Heard the learned Government Advocate (Criminal Side). 9.Even though the case has been registered in the year 2009, so far, no final report has been filed. The apprehension made by the learned Counsel for the petitioner is genuine. Because already, he obtained an order against the police officials and a case has been registered after four years i.e. on 06.04.2009. 10.Hence, I am of the view that it is not a fit case to transfer the investigation from the first respondent to the third respondent. However, I am of the view to direct the present second respondent Superintendent of Police, Nagercoil to appoint an neutral Investigating Officer to investigate the matter and file final report within a period of two months from the date of receipt of a copy of this order. 11.With the above direction, this Criminal Original Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1.The Inspector of Police, Colachel Police Station, Kanyakumari District. 2.The Superintendent of Police, Kanyakumari District. 3.The Inspector of Police, CBCID, Kanyakumari District. 4.The Addl.Public Prosecutor Madurai Bench of Madras High Court, Madurai. Gsr ssk/02.08.2011 /5c -3p/- Crl.O.P.(MD)No.8095 of 2011 21.07.2011 https://hcservices.ecourts.gov.in/hcservices/