1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.08.2011 CORAM THE HONOURABLE MS.JUSTICE R.MALA Crl.O.P.(MD).Nos.7053 and 7476 of 2011 Crl.O.P.(MD) No.7053 of 2011 K.Dunston : Petitioner -Vs- 1.The Superintendent of Police, O/o.Superintendent of Police, Kanyakumari District. 2.The Inspector of Police, Rajakkamangalam Police Station, Kanyakumari District. 3.The Sub Inspector of Police, Eathamozhi Police Station, Kanyakumari District. 4.The Superintendent of Police, CBCID, Narimedu Madurai District. : Respondents Prayer : Petition is filed under Section 482 of the Code of Criminal Procedure praying to direct the withdrawal of the case in crime No.183 of 2010 under Sections 147, 148, 324 and 302 I.P.C. on the file of the respondent No.3 and entrust the same to respondent No.4 for investigation of the case by a competent officer and file a final report before the jurisdictional Magistrate within the time stipulated by this Court. Crl.O.P.(MD) No.7476 of 2011 P.Arulanandham, President Rajakamangalam Thurai Village, Administrative Committee, Rajakamangalam Thurai & Post, Kanyakuamri District : Petitioner: Vs. 1.The Inspector of Police, Eathamozhy Police Station, Kanyakumari District. 2.The Superintendent of Police, Kanyakumari District. 3.The Inspector of Police, CBCID, Nagerkoil, Kanyakumari District. : Respondents https://hcservices.ecourts.gov.in/hcservices/ 2 PRAYER: Petition is filed under Section 482 of the Code of Criminal Procedure praying to order to direct the case in crime No.183 of 2010 now pending on the file of the Inspector of Police, Eathamozhy Police Station, Kanyakumari District i.e., the 1st respondent to be transferred to the Inspector of Police, CBCID, Nagercoil, i.e., the 3rd respondent for further investigation. For Petitioner in Crl.O.P.(MD) No. 7053 of 2011 : Mr.T.Lajapathy Roy For Petitioner in Crl.O.P.(MD) No. 7476 of 2011 : Mr.K.Vamanan Respondents in both petitions : Mr.A.Ramar Addl. Public Prosecutor O R D E R Heard the learned counsel appearing for the petitioner in both petitions and the learned Additional Public Prosecutor appearing for the respondents in both petitions. 2.The learned counsel appearing for the petitioner in Crl.O.p. (MD) No.7053 of 2011 would submit that the case in crime No.183 of 2010 for the offence under Sections 147, 148, 324 and 302 I.P.C has been registered on 28.12.2010 and the investigation agency has not shown any interest to investigate the matter and not even he has taken steps to arrest the accused. He would further submit that after filing the present application only, A3 to A7 have come forward with the application for anticipatory bail and the same would show the lethargic attitude of the investigating agency and hence, he prayed for the transfer of investigation from the Inspector of Police, Eathamozhy Police Station to C.B.C.I.D. 3.The learned counsel appearing for the petitioner in Crl.O.P. (MD) No.7476 of 2011 would submit that the petitioner is the President of Rajakkamangalam Thurai Village Welfare Administrative Committee and the petitioner in Crl.O.P.(MD) No.7053 of 2011 is belong to Periyakaadu village. He would further submit that there was a misunderstanding between the said two groups in respect of the Christmas midnight Mass at Periakaadu village and hence, to take vengeance of the villagers of Rajakkamangalam Thurai, the villagers of Periyakkadu attacked the deceased and a false case has been foisted against the accused persons and they are not having any confidence with the present investigating agency, since they have not conducted the investigation in a proper direction and they are also harassed by the police and hence, they have come forward with the present application to transfer the investigation from the Inspector of Police, Eathamozhy Police Station to CBCID. https://hcservices.ecourts.gov.in/hcservices/ 3 4.The Inspector of Police, Eathamozhy Police Station has filed the status report in both petitions stating that all the accused mentioned in F.I.R., are still absconding from the date of occurrence and the investigation is not yet completed and the case is still under investigation and they have not tortured the petitioner and hence, he prayed for the dismissal of the application. 5.I have considered the arguments advanced on either side and perused the status report filed by the investigating agency as well as the materials available on record. 6.The case in crime No.183 of 2010 has been registered on 28.12.2010 for the offence under Section 147, 148, 324 and 307 I.P.C and subsequently, it was altered into one under Section 147, 148, 324 and 302 I.P.C. Perusal of the status report filed by the investigating officer would show that the investigation has not yet been completed and they have not tortured A3 to A7. It would also clear that the investigation agency has not examined the witnesses and all the accused persons are absconding. The complaint has been given by the wife of the deceased viz., Mariyanayaki and in the F.I.R. itself, all the names of the accused have been mentioned. But, even though, seven months has been lapsed, the investigation agency has not shown any interest to arrest the accused persons, which would show that the investigation agency has not shown any interest in investigating the matter and filing the charge sheet and arresting the accused and hence, it is clear that they have not investigated the matter in a proper direction. 7.Therefore, since both the parties are not having any confidence with the present investigation agency, I am of the view that to meet the ends of justice, it is a fit case to transfer the investigation from the file of the Inspector of Police, Eathamozhy Police Station to C.B.C.I.D. 8.Accordingly, these criminal original petitions are allowed. The Director General of Police, Chennai, is directed to take necessary action to withdraw the case in crime No.183 of 2010 from the file of the respondent police and to transfer the same to the file of C.B.C.I.D. Consequently, connected miscellaneous petition M.P.(MD) No.1 of 2011 in Crl.O.P.(MD) No.7053 of 2011 is closed. Sd/- Assitant Registrar (CO) /True Copy/ Sub Assistant Registrar To 1. The Director General of Police, Chennai 2.The Superintendent of Police, O/o.Superintendent of Police, Kanyakumari District. https://hcservices.ecourts.gov.in/hcservices/ 4 3.The Inspector of Police, Rajakkamangalam Police Station, Kanyakumari District. 4.The Sub Inspector of Police, Eathamozhi Police Station, Kanyakumari District. 5.The Superintendent of Police, CBCID, Narimedu Madurai District. 6.The Inspector of Police, CBCID, Nagerkoil, Kanyakumari District. 7.The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai. +1cc to Mr.K.Vamanan, Advocate, SR.No.28011 Arul GH : 24.08.2011 : 4p/9c Crl.O.P.(MD).Nos.7053 and 7476 of 2011 17.08.2011 https://hcservices.ecourts.gov.in/hcservices/