1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.07.2011 CORAM: THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P(MD)No.1916 of 2011 and M.P(MD)Nos.1 to 3 of 2011 C.Rajeswari .. Petitioner Vs. 1.The State of Tamil nadu, Represented by the Home Secretary, Secretariat, Fort St. George, Chennai. 2.The Superintendent of Police, O/o.The Superintendent of Police, Theni District. 3.The Superintendent of Police, CBCID, B.B.Kulam, Narimedu, Madurai District. 4.The Deputy Superintendent of Police, Uthamapalayam, Theni District. (Crime No.8 of 2011). 5.The Inspector of Police, Odaipatti Police Station, Theni District. (Crime No.8 of 2011) 6.Mr.Selvaraj The President, Appipatti @ Alagapuri Post, Uthamapalayam Post, Theni District. .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the second respondent to transfer the case in Crime No.8 of 2011, dated 27.01.2011 registered by the fifth respondent and pending before the fourth respondent and entrust the same to the third respondent for investigation of the case by a Competent Officer and file a final report before the Jurisdictional Magistrate Court within the time stipulated by this Court. For Petitioner : Mr.T.Lajapathi Roy For R1 to R5 : Mr.M.Govindan Spl. Govt. Pleader For R6 : Mr.K.Jeganathan https://hcservices.ecourts.gov.in/hcservices/ 2 O R D E R This Writ petition has been filed to direct the second respondent to transfer the case in Crime No.8 of 2011, dated 27.01.2011 registered by the fifth respondent and pending before the fourth respondent and entrust the same to the third respondent for investigation of the case by a Competent Officer and file a final report before the Jurisdictional Magistrate Court, within a stipulated time. 2. Heard Mr.T.Lajapathi Roy, learned counsel for the petitioner and Mr.M.Govindan, learned Special Government Pleader for R1 to R5 and Mr.K.Jeganathan, learned counsel for R6. 3. By consent, the Writ Petition itself is taken up for final hearing. 4. Consequent to the death of one Chinnaraj on 26.01.2011 some law and order problem erupted at Odaipatti Village in Uthamapalayam Sub- Division, Theni District. The case in Crime No.8 of 2011 was registered insofar as the death of said Chinnaraj is concerned. There was law and order problem consequent to the death of Chinnaraj and for that, a case in Crime No.9 of 2011 was registered. 5. The present Writ Petition has been filed by one Rajeswari, W/o.Chinnaraj alleging that the death of Chinnaraj was caused by the sixth respondent, the President of Appipatti @ Alagapuri Panchayat and that the fifth respondent, the Inspector of Police, Odaipatti Police Station is biased and should not investigate the matter and the investigation should be transferred to the third respondent. 6. This Court considering the contention as above, granted interim stay of the proceedings in Crime No.8 of 2011 on 21.02.2011. It is of course an error as the petitioner wanted stay of the proceedings in Crime No.9 of 2011 relating to allegation against the villagers, who protested consequent to the death of Chinnaraj and wanted second post-mortum to be conducted. 7. It is now clarified by Mr.T.Lajapathi Roy, learned counsel for the petitioner that the order of stay, should be in respect of Crime No.9 of 2011. The fourth respondent, the Deputy Superintendent of Police, Uthamapalyam, Theni district, at the behest of this Court appeared today and referred to the counter affidavit to state that the second post-mortum has been conducted and the Expert opinion from the Forensic Department is expected from Chennai. He has also stated that he has assumed office of the Deputy Superintendent of Police, Uthamapalyam, Theni District on 25.06.2011 and he is in-charge of the investigation. The main allegation in the Writ Petition is only against the fifth respondent. 8. The learned Special Government Pleader on instructions states that there is no Inspector of Police at Odaipatti Police Station and the person who is in-charge is the Sub-Inspector of Police. In any event, the learned Special Government Pleader submits that since the investigation is conducted by the fourth respondent, new Deputy Superintendent of Police, this Court may consider this matter by allowing https://hcservices.ecourts.gov.in/hcservices/ 3 the Authority to pursue the investigation to its logical conclusion without any restraint, as there can be no apprehension, expressed as against the present Deputy Superintendent of Police in conducting the fair and proper investigation. 9. In view of the counter affidavit filed and taking note of the fact that the new Deputy Superintendent of Police has taken charge and is conducting the investigation and his statement that he will pursue the matter in fairness to all the parties concerned, the fourth respondent, the Deputy Superintendent of Police, Uthamapalyam, Theni District is directed to investigate the case relating to the death of Chinnaraj and take appropriate steps as required by law. 10. With the above direction, this Writ petition is disposed of. Interim stay granted shall stand vacated. No Costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (CO) /True copy/ Sub Assistant Registrar To 1.The Home Secretary, The State of Tamil nadu, Secretariat, Fort St. George, Chennai. 2.The Superintendent of Police, O/o.The Superintendent of Police, Theni District. 3.The Superintendent of Police, CBCID, B.B.Kulam, Narimedu, Madurai District. 4.The Deputy Superintendent of Police, Uthamapalayam, Theni District. (Crime No.8 of 2011). 5.The Inspector of Police, Odaipatti Police Station, Theni District. (Crime No.8 of 2011) 6.Mr.Selvaraj, The President, Appipatti @ Alagapuri Post, Uthamapalayam Post, Theni District. +1CC TO THE SPECIAL GOVERNMENT PLEADER, SR.23715 +1CC TO MR.T.LAJAPATHY ROY, ADVOCATE SR.23654 +1CC TO MR.K.JEGANATHAN, ADVOCATE SR.23868 Pm SR : 26.07.2011 : 3p/10c W.P.(MD)No.1916 of 2011 19.07.2011 https://hcservices.ecourts.gov.in/hcservices/