IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 13.04.2009 CORAM: THE HONOURABLE MR.JUSTICE R. REGUPATHI Crl.O.P.No.4394 of 2009 R. Anurajan ..Petitioner Versus Inspector of Police Valparai Police Station, Coimbatore District. ..Respondent Petition filed under Section 482 Cr.P.C directing the transfer of investigation of the above case in Crime No.18 of 2009 on the file of the respondent herein, namely, Inspector of Police, Valparai Police Station to the Inspector of Police, C.B.C.I.D., Coimbatore. For Petitioner : Mr.Ramasubramanian for Ram and Ram For Respondent : Mr. A.Saravanan Government Advocate (Crl. Side) O R D E R This petition is filed seeking a direction to transfer the investigation of the case in Crime No.18 of 2009 on the file of the respondent herein, namely, Inspector of Police, Valparai Police Station to the Inspector of Police, C.B.C.I.D., Coimbatore. 2. The petitioner is the brother of the deceased. The deceased was living with her husband and children at her matrimonial home and at that time on 29.01.2009, it is alleged that the petitioner received a phone call at 1.30 a.m from the deceased that she was beaten up by her husband and other family members. Subsequently, another information has been received at 3.00 a.m that the deceased was dead. Thereafter the petitioner reached the scene of occurrence and found 18 injuries on the body of the deceased. The learned counsel for the petitioner submits that a complaint has been given by the petitioner and the same was not entertained. A complaint given by the mother-in-law of the deceased was entertained and ultimately a case has been registered only under section 498-A and 306 IPC and investigation of the case has been taken up. Since the Investigating Agency is biased in favour of the accused in the case and as the husband of the deceased was known to the https://hcservices.ecourts.gov.in/hcservices/ Investigating Officer, soon after the offence was committed the accused were not arrested and they were harboured by the Investigating Officer. During the course of investigation, the petitioner himself, two other children aged about 8 and 4 years, the other brothers of the deceased, some other relatives and important witnesses were not examined till date. If the investigation is allowed to be proceeded with by the respondent police, it is submitted that the petitioner will be highly prejudiced and therefore, seeks for transfer of investigation. 3. Per contra, learned Government Advocate (Crl. Side) submits that initially one Ramakrishnan, Inspector of Police investigated the case and from 15.03.2009, it has been handed over to another Inspector of Police by name Murugesan. The statement of the petitioner has not been recorded. Medical opinion has been received to the effect that the death was due to poinsoning. However opinion regarding viscera has not been received and the investigation is still pending. 4. Heard the learned counsel appearing for the petitioner as well as the learned counsel appearing for the respondent and perused the materials available on record. 5. The occurrence took place on 20.01.2009. It is reported by the respondent police that the investigation is pending. Serious allegations have been made against the Investigating Officer, who initially took up the investigation. Though the occurrence took place on 29.01.2009, the accused were arrested only on 03.02.2009. Admittedly, there was 18 injuries on the dead body of the deceased. Apart from 498-A IPC, the other offence is under Section 306 IPC, which deals with abatement of suicide. Investigation has not been carried out regarding the accusation of 18 injuries on the deceased and if that be so the cause of death is also suspicious. Admittedly, the children of the deceased were not examined till date. It is claimed that the petitioner as well as his brother were also not examined. The injuries on the deceased were caused immediately prior to the death of the deceased. Under such circumstances it cannot be presumed that the deceased committed suicide. Materials relating to the death of the deceased are yet to be collected. If the death of the deceased was due to poisoning whether it was consumed or administered has not yet been decided. Expressing displeasure about the way in which the investigation has been conducted, I am of the considered view that it is a fit case for transfer and accordingly the Superintendent of Police, (*) Coimbatore District is directed to withdraw the investigation of the case from the hands of the respondent police and is hereby directed to entrust the same with competent Investigating Officer at the District Crime Branch. The Superintendent of Police is further directed to supervise and expedite the investigation. https://hcservices.ecourts.gov.in/hcservices/ 6. Accordingly the Criminal Original Petition is ordered. Sd/ Asst.Registrar Dated : 07.05.2009 (*) corrected as per order dated 30.06.2009 in M.P.No.1/2009 in Crl.O.P.No.4394/2009 sd/- Asst.Registrar Dated : 07.07.2009 /true copy/ Sub Asst.Registrar mra To 1. The Superintendent of Police (*) Coimbatore District. To be substituted 2. The Inspector of Police Valparai Police Station, for the Order Coimbatore District. already despatched 3. The Public Prosecutor, High Court, Madras on 26.05.2009. + 1 c.c. to M/s. Ram and Ram, Advocate. S.R.No.13560. Crl.O.P.No.4394 of 2009 MS (CO) kk 8/5 GSK 07.07.2009. https://hcservices.ecourts.gov.in/hcservices/