1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.12.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Criminal Original Petition (MD)No.16195 of 2011 and M.P.(MD) No.1 of 2011 M.Perumalsamy ... Petitioner Vs. 1.The District Superintendent of Police, Virudhunagar District, Virudhunagar. 2.The Deputy Superintendent of Police, Virudhunagar, Virudhunagar District. 3.The Sub Inspector of Police, Soolakkarai Police Station, Virudhunagar District. Crime No.275 of 2011 ... Respondents PRAYER: This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to transfer the investigation of crime No.275 of 2011, on the file of the Soolakkarai Police Station, Virudhunagar District from the second respondent to any other investigation officer not below the rank of Deputy Superintendent of Police. For Petitioner : Mr.R.Murugappan For Respondents : Mr.P.Kannithevan, Govt. Advocate (Crl. Side) O R D E R This petition has been filed to pass a direction to transfer the investigation of crime No.275 of 2011, on the file of the Soolakkarai Police Station, Virudhunagar District from the second respondent to any other investigation officer not below the rank of Deputy Superintendent of Police. 2.Heard Mr.R.Murugappan, the learned counsel appearing for the petitioner and Mr.P.Kannithevan, learned counsel appearing for the respondents. https://hcservices.ecourts.gov.in/hcservices/ 2 3.The learned counsel appearing for the petitioner would submit in his argument that on the basis of the complaint given by the petitioner, the respondent has registered a case in crime No.275 of 2011 on 02.12.2011 for the offence under Sections 447, 294(b), 506 (ii) I.P.C. read with 3 (i) (x) SC/ST Act, 1989 and the second respondent is conducting investigation. He would further submit that even though the respondent called for the accused for enquiry, he never arrested the accused and no statement has been recorded from the accused and the second respondent told the petitioner that he would close the complaint as mistake of fact. He would further submit that the case is being investigated by the 2nd respondent in a lethargic manner and hence, let it be transferred to the file of any other investigation officer not below the rank of Deputy Superintendent of Police. 4.The learned Government Advocate (criminal side) would submit in his argument that the investigation is being carried on by the 2nd respondent police in a fair manner and without any partiality, the investigation is being carried on and he submits that suitable orders may be passed, considering the facts and circumstances of the case. 5.Considering the submissions made by both sides, I could see that the case has been registered in crime No.275 of 2011 and it is being investigated by the 2nd respondent police, however, the petitioner has lost faith with the investigation of the 2nd respondent. 6.Considering the said circumstances, I could see that in the interest of justice and to protect the rights of the petitioner, the investigation has to be transferred from the file of the 2nd respondent to any other investigation officer. Accordingly, the investigation in crime No.275 of 2011, on the file of the Soolakkarai Police Station, Virudhunagar District is transferred from the 2nd respondent to the file of the Deputy Superintendent of Police, Aruppukkottai Sub Division, Virudhunagar District and the Deputy Superintendent of Police, Aruppukkottai is directed to conduct the investigation in crime No.275 of 2011 on the file of the 3rd respondent in a fair manner and to file the final report in accordance with law. 7.With the aforesaid direction, this petition is ordered. Consequently, connected miscellaneous petition is closed. Sd/- Deputy Registrar (Accounts) /True Copy/ Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1.The District Superintendent of Police, Virudhunagar District, Virudhunagar. 2.The Deputy Superintendent of Police, Virudhunagar, Virudhunagar District. 3.The Sub Inspector of Police, Soolakkarai Police Station, Virudhunagar District. 4.The Deputy Superintendent of Police, Aruppukkottai Sub Division, Virudhunagar District. 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to Mr.R.Murugappan, Advocate (SR.No.44724) Crl.O.P.(MD) No.16195 of 2011 19.12.2011 arul NSV/2.1.12/3P/6C https://hcservices.ecourts.gov.in/hcservices/