IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 04.08.2009 CORAM: THE HONOURABLE MR. JUSTICE P.R.SHIVAKUMAR CRL.O.P.No. 10155 of 2008 Mrs.Vijaya, .. Petitioner Vs. 1. State Represented by Superintendent of Police Vellore District, Vellore. 2. The Inspector of Police, Jolarper Police Station, Vellore District. 3. Thirumalai. 4. Annamalai 5. Murugan .. Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. to transfer the investigation in Cr.No.1000/2007 on the file of the 2nd respondent Police and to transfer the same to CBCID Police or some other investigating agency. For Petitioner : M/s.V.Jeevagiridharan For Respondents : Mr.I.Paul Nobel Devakumar R1 and R2 Govt. Advocate (Crl.Side) ORDER This petition has been filed by the mother of the deceased praying for the change of the investigating agency in respect of Crime.No.1000/2007 on the file of Jolarpet Police Station, Vellore District. The said case was registered pursuant to the information furnished to the police that a dead body of a male aged about 35 years was found in decomposed stage. Later the deceased was identified to be the son of the petitioner herein. Complaining that the 2nd respondent has falsely implicated the relatives of the petitioner leaving out the respondents 3 to 5 herein, the real culprit according to the petitioner, for the reason that the petitioner was presenting complaints to the Superintendent of Police against the 2nd respondent, the petitioner has prayed for the change of the investigating agency. https://hcservices.ecourts.gov.in/hcservices/ 2. The submissions made by Mr.Jeevagiridharan, learned counsel for the petitioner and Mr.I.Paul Nobel Devakumar, learned Government Advocate (Crl. Side) representing the respondents 1 and 2 (Police) were heard. So far as the respondents 3 to 5 are concerned, at this stage no notice need be given to them and hence notice to them has been Dispensed With. 3. The learned counsel for the petitioner argued that the very fact that the police chose to register a case under section 174 of the code of Criminal Procedure and failed to register a case for an offence under section 302 I.P.C. would show that the police had in their idea to help the real culprits; that the relative of the petitioner had been implicated falsely even though the petitioner had expressed her suspicion regarding the involvement of respondents 3 to 5 herein; that the police had chosen to do so because the petitioner had antagonized the police by sending petition to higher officials and that if the investigation was allowed to be conducted by the 2nd respondent, it would result in injustice and miscarriage of justice. 4. Per contra, the learned Government Advocate (Crl.Side) submitted that the 2nd respondent conducted the investigation in a proper and fair manner and no defect would be found in the investigation conducted by him; that the petitioner could not find fault with the police registering a case under section 174 of the code of Criminal Procedure as the police were furnished with a mere information that a dead body of the male in a decomposed stage was found at a particular place; that only after investigation, the 2nd respondent was able to find out that the death of the deceased was homicidal; that he had arrested the culprits and produced them before the Magistrate for remand; that the petitioner having waited till the completion of investigation and submission of a final report against the arrested person, with a intention to save her relatives who are found to be the culprits, came forward with the present petition and that moreover since investigation resulted in the submission of the final report, which was taken on file as PRC.No.14/2008 on the file of the learned Judicial Magistrate No.I, Tirupattur and then committed to the Sessions court for trial, the petition seeking transfer of the investigating agency should be dismissed as the same had become infructuous. 5. Admittedly, the case is now pending on the file of the Additional District and Sessions Judge (Fast Track Court), Tirupattur as SC.No.34/2009 and the trial in the said case has already begun. As the investigation has already been completed and the trial court has started trial of the case after the case was committed to the court of session, this court has to accept the contention of the learned Government Advocate (Crl.Side) that the petition seeking transfer of the investigating agency has become infructuous. The the https://hcservices.ecourts.gov.in/hcservices/ next question to be considered is whether the interest of justice requires at least a direction to conduct a further investigation or denovo investigation by an independent agency. Upon considering the records, this court is of the considered view that the petitioner has not made out any case of miscarriage of justice. The petitioner has chosen to prefer this petition for transfer of investigating agency on mere suspicion that the respondents 3 to 5 could have caused the death of the deceased. No Material has been placed in support of her contention that the investigation was not properly done and that her relatives were implicated falsely and without any basis. Sufficient material have been collected by the investigating agency to implicate the persons who are now facing trial before the trial court. As against absence of any material for implicating the respondents 3 to 5, sufficient materials have been collected against the persons who are facing the trial. Therefore this court has to accept the contention of the learned Government Advocate (Crl.Side) that present petition is nothing but an attempt on the part of the petitioner to save the relatives of the petitioner. This court comes to the conclusion that the petitioner has not made out a case for the transfer of the investigating agency or for reinvestigation or further investigation of the case. There is no merit in the petition and the same deserves to be dismissed. Accordingly the petition is dismissed. Consequently, the connected Miscellaneous Petition is also closed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar tsh To 1. The Superintendent of Police Vellore District, Vellore. 2. The Inspector of Police, Jolarper Police Station, Vellore District. 3. The Public Prosecutor, High Court, Madras. CRL.O.P.No. 10155 of 2008 PUR(CO) PMK 27.08.2009 https://hcservices.ecourts.gov.in/hcservices/