1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.09.2011 CORAM THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Crl.O.P.(MD).No.6687 of 2011 And M.P.(MD).No. 1 of 2011 M.Ashok Kumar ...Petitioner -Vs- 1. State of Tamil Nadu Rep. by its Secretary Home Department Secretariat, Chennai 2. The Director General of Police Office of the Director General of Police Beach Road Chennai 3. The Inspector General of Police Central Zone Subramaniapruam Trichy 4. The Revenue Divisional Officer Karur Revenue Division Karur District 5. The Superintendent of Police Karur District 6. The Deputy Superintendent of Police Karur Range, Karuru District 7. The Inspector of Police Pasupathipalayam Police Station Karur District 8. The Additional Director General of Police (CBCID) Office of the Additional Director General of Police Chennai 9. The Joint Director Central Bureau of Investigation Shastri Bhavan Chennai ...Respondents https://hcservices.ecourts.gov.in/hcservices/ 2 PRAYER: Petition filed under Section 482 of the Code of Criminal Procedure, to transfer the investigation by directing the respondent No.2 to withdraw the case in Crime No. 226 of 2011 on the file the respondent No.7 and entrust the same to the respondent No.8 or respondent No.9 for effective investigation. *** For Petitioner : Mr.R.Alagumani For RR 1 to 8 : Mr.K.V.Rajarajan Government Advocate For 9th Respondent: Mr.Rozzario Sundarraj Special Public Prosecutor for CBI cases O R D E R The petitioner herein is the brother-in-law of the deceased. The brother-in-law of the deceased was working in the Dyeing Factory. A case has been registered originally under Section 174 of Cr.P.C., which has been modified for the alleged offences under Section 302 of IPC read with 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989. 2. The sister of the deceased gave a representation to the Revenue Divisional Officer, on 20.04.2011 specifying certain persons including the owner of the Dyeing unit to the effect that they have man handled the deceased and threatened to kill him in view of the subsequent death caused due to the man handling of the deceased. In the said Petition, the Revenue Divisional Officer was specifically requested to take action against the named persons for the death of the deceased. The Revenue Divisional Officer has sent a communication to the Inspector of Police, namely the sixth respondent to take appropriate action by arresting the named persons along with the said communication, dated 20.04.2011. The statement of the eye witness, namely, the petitioner in the complaint, dated 20.04.2011, before the Revenue Divisional Officer and one another lady were also attacked. 3. It is submitted by the learned counsel for the petitioner that absolutely no action has been taken by arresting the proposed accused persons. Learned counsel for the petitioner further submitted that the complaint made through the Revenue Divisional Officer would constitute under Section 302 of IPC. Even after the receipt of the same, no action has been taken to alter the FIR and no useful investigation has been done. The accused have not been arrested in spite of the fact that the Hon'ble High Court has refused to grant them any anticipatory bail. Learned counsel for the petitioner further submitted that the seventh respondent is colluding with the accused and there is absolutely no progress. The further submission is made by the learned counsel for the petitioner that now the wife and children of the deceased are also missing and the whereabouts are not known. https://hcservices.ecourts.gov.in/hcservices/ 3 4. The allegations made are in serious in nature. It is seen by the proceedings, dated 20.04.2011, the Revenue Divisional Officer, who is also the acting as the Sub-Divisional Magistrate has sent the communication enclosing the statement made by two persons including one eye witness. It is nothing to indicate that the appropriate action taken over the same. The accused persons have not been interrogated and no further investigation has been made. 5. Therefore, in such view of the matter, this Court is constrained to direct the fifth respondent to transfer the investigation pending on the file of the Inspector of Police, in Crime No. 226 of 2011 to any other Investigating Agency of his choice. The fifth respondent is further directed to supervise the investigation till the final report is filed. The fifth respondent is also directed to instruct the Investigating Officer to whom the file is likely to be transferred to look into the allegations made by one Jeyanthi, which form part of the communication of the Revenue Divisional Officer and thereafter file the final report preferably within a period of three months from the date of such transfer. The representation sent by the petitioner, dated 28.04.2011 will have to be taken into consideration by the new Investigating Officer. 6. Considering the fact that the alleged offence is coming under the SC/ST Act, the fifth respondent is directed to appoint the Investigating Officer in the rank of Deputy Superintendent of Police. 7. With the abovesaid direction, this Criminal Original Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. Sd/- Deputy Registrar (Writs) /True Copy/ Assistant Registrar To 1. The Secretary State of Tamil Nadu Home Department Secretariat Chennai 2. The Director General of Police Office of the Director General of Police Beach Road Chennai 3. The Inspector General of Police Central Zone Subramaniapruam Trichy 4. The Revenue Divisional Officer Karur Revenue Division, Karur District https://hcservices.ecourts.gov.in/hcservices/ 4 5. The Superintendent of Police Karur District 6. The Deputy Superintendent of Police Karur Range Karuru District 7. The Inspector of Police Pasupathipalayam Police Station Karur District 8. The Additional Director General of Police (CBCID) Office of the Additional Director General of Police Chennai 9. The Joint Director Central Bureau of Investigation Shastri Bhavan Chennai 10. The Addl.Public Prosecutor Madurai Bench of Madras High Court Madurai vsg ssk/11.10.2011 /11c-4p/- Crl.O.P.(MD).No.6687 of 2011 and M.P.(MD).No. 1 of 2011 22.09.2011 https://hcservices.ecourts.gov.in/hcservices/