1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.08.2011 CORAM: THE HONOURABLE MS.JUSTICE R.MALA Criminal Original Petition(MD) No.8675 of 2011 R.Kanakkan : Petitioner (De-facto Complainant) Vs. 1.The Superintendent of Police, Virudhunagar District, Virudhunagar. 2.The Inspector of Police, Arupukottai Police Station, Virudhunagar District. Crime No.705 of 2011 : Respondents (Complainants) Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. to direct the first respondent to withdraw the investigation in Crime No.705 of 2011 on the file of second respondent police and entrust the same to a some other honest officer, with a direction to investigate into the case and file the charge sheet against the accused in accordance with the law. For Petitioner : M.Ajmal Khan For Respondents : Mr.K.V.Rajarajan, Govt.Advocate(Crl.Side) O R D E R The petitioners approaches this court with a prayer to direct the first respondent to withdraw the investigation in Crime No.705 of 2011 on the file of second respondent police and entrust the same to a some other honest officer, with a direction to investigate into the case and file the charge sheet against the accused in accordance with the law. 2. The learned Counsel for the petitioner would submit that on 20.04.2011 at about 04.30 p.m the petitioner and his father were engaged in selling rice, the accused one Pon Irulan along with several accused persons came to the petitioner's shop with deadly weapons and attacked the petitioner and his father indiscriminately and caused serious injuries on the head and all over the body. When the petitioner was admitted in the hospital, the second respondent police came to the hospital and obtained a signature from the petitioner in a blank and unfilled paper and then he came to know https://hcservices.ecourts.gov.in/hcservices/ 2 about the second respondent police has been registered a case against one Pon Irulan and one another under Sections 341 and 323 IPC in Crime No.705 of 2001 dated 20.04.2011. Though the petitioner and his family members are seriously injured in the occurrence the petitioner has come forward with this application to transfer the investigation to direct the first respondent to withdraw the investigation from the second respondent to entrust the matter to some other honest officer to investigate the matter and file charge sheet. 3. Heard both sides. 4. Considering the rival submissions, since the accused and other persons are drug peddler and they are seriously assaulted the petitioner and the second respondent police is also aware of the illegal activities of the accused person. The accused person as well as the second respondent police official has got grudge against the petitioner and not to investigate the matter in a proper direction. Hence, I am inclined to direct the first respondent to withdraw the investigation in Crime No.705 of 2011 on the file of the second respondent police and entrust the same to some other honest officer with a direction to investigate into the case and file charge sheet as expeditiously as possible preferably within a period of three months. 5. Accordingly, the Criminal Original Petition is disposed of. Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Virudhunagar District, Virudhunagar. 2.The Inspector of Police, Arupukottai Police Station, Virudhunagar District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to Mr.M.Ajmal Khan, Advocate (SR.No.27123) Crl.O.P.(MD)No.8675 of 2011 09.08.2011 gsr NSV/19.8.11/2P/5C https://hcservices.ecourts.gov.in/hcservices/