1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.11.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Crl.O.P.(MD)No.13583 of 2011 and M.P.(MD)No.1 of 2011 1.Palanichamy 2.Ragupathy 3.Kannammal ... Petitioners Vs. 1.State rep. by The Superintendent of Police, Karur District. 2.The Inspector of Police, Velayuthampalayam Police Station, Karur District. ... Respondents Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. to transfer the investigation in Cr.No.291 of 2011 dated 17.09.2011 pending on the file of the 2nd respondent to any other competent authority and further directing the 1st respondent to monitor the investigation. For Petitioners :: Mr.V.Kathirvelu, senior counsel for Mr.N.Sudhagar Nagaraj For Respondents :: Mr.P.Kannithevan, Govt. Advocate (Crl.side) O R D E R This Criminal Original Petition has been filed to transfer the investigation in Cr.No.291 of 2011 dated 17.09.2011 pending on the file of the 2nd respondent to any other competent authority and further directing the 1st respondent to monitor the investigation. 2. Heard Mr.V.Kathirvelu, learned Senior counsel for Mr.N.Sudhagar Nagaraj, learned counsel for the petitioners and Mr.P.Kannithevan, learned Government Advocate (Criminal side) appearing for the State. 3. The learned Senior Counsel would submit in his argument that on the basis of the complaint given by the petitioners, a case has been registered in Crime No.291 of 2011 on 17.09.2011 with the second respondent police and the same is being investigated by the second respondent police. It is also submitted that the case in counter case has also been registered in Crime No.292 of 2011 on the same day and it is also being investigated by the same Investigating Officer. https://hcservices.ecourts.gov.in/hcservices/ 2 4.He would also submit that even though the injuries sustained by the petitioners are grievous in nature, the case has been registered only under Sections 147, 148, 294(b), 323, 324 and 506(ii) I.P.C. He would also draw the attention of this Court that the wound certificate issued for Ragupathy would show that the injuries in Serial Nos.5 and 6 are grievous in nature injuries and however, the case has not been registered with the appropriate provisions of law. 5.He would further submit in his argument that even though the accused persons, who are the rival parties have not sustained any serious injuries, similar provisions of law have been fixed in the case registered in Crime No.292 of 2011, in which, the petitioners are shown as accused. More over, an opinion for conducting the case in counter cases ought to be have been obtained from the public prosecutor with reference to Rule Section 588 of the Police Standing Orders. However, he would request that the case, pending on the file of the second respondent police in Crime No.291 of 2011, may be ordered to be transferred to any of the nearest Investigating Officer, for which, the first respondent may nominate the investigating officer for continuing the investigation and for filing the charge sheet. 6.The learned Government Advocate (Crl. Side) would submit in his argument that both the cases have been registered against the rival parties, since injuries have been sustained on either side. The second respondent police is always ready to obey the direction of this Court, to alter the provisions of law as per the evidence collected during the investigation. He would also submit that there is no necessity of transferring the investigation from the file of the second respondent to any other police, since the investigation is being carried out promptly and it is likely to be completed in a near future and charge sheet is also likely to be filed. He would therefore request the Court, to issue suitable direction for alteration of the provisions of law in accordance with the evidence and to proceed with the case. 7.Considering the submissions made on either side, I could see that the case has been registered against the petitioners in crime No.291 of 2011 as well as against the accused persons in Crime No.292 of 2011, which are are case and case in counter, arising out of a single incident. No doubt, it is true that both parties have sustained injuries and it could be evidenced from the documents i.e. would certificates, produced by the petitioners in the typed set of papers as well as the additional typed set of papers. The nature of such injuries mentioned in those wound certificates issued to the parties are very much relevant to fix the offences. On perusal of the would certificate, I could see that the one Ragupathy has sustained two grievous injuries, listed in Serial Nos. 5 and 6, but the case was not altered so far for the purpose of continuing the investigation in a right perspective. 8.In the said circumstances, the case registered on the foot of complaint given by the petitioners was registered under Sections 147, 148, 447, 294(b), 323 and 506(ii) I.P.C only, since investigation is pending. All other wound certificates and other evidence are also to be collected and the necessary Sections could be included at the time of filing the charge sheet. However, in the facts and circumstances of this case, the sections have not been altered in the case of the petitioners https://hcservices.ecourts.gov.in/hcservices/ 3 so far and the petitioners have not expressed confidence on the second respondent, especially in a case in counter case, it is better for both parties to transfer the case from the file of second respondent police to some other police nearby located to the jurisdiction of the 2nd respondent police station. Therefore, the first respondent, Superintendent of Police is directed to transfer the said investigation in Crime No.291 of 2011 on the file of Velayuthampalayam Police Station, the second respondent herein, to the file of another nearest police station, for being further investigated and to file the charge sheet before the appropriate Court. 9.With the aforesaid observation, this Petition is ordered accordingly. Consequently, connected miscellaneous petition is closed. vsm Sd/- Deputy Registrar[Accounts] /True copy/ To Assistant Registrar 1.The Superintendent of Police, Karur District. 2.The Inspector of Police, Velayuthampalayam Police Station, Karur. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Crl.O.P.(MD)No.13583 of 2011 Dated:16.11.2011 3P/4C RPB : 25.11.2011 https://hcservices.ecourts.gov.in/hcservices/