1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.08.2011 CORAM: THE HONOURABLE MS.JUSTICE R.MALA Criminal Original Petition(MD)No.8832 of 2011 V.C.Kumar .. Petitioner -Vs-. 1.State through The Superintendent of Police, Madurai District. 2.The Inspector of Police, C-4, Othakadai Police Station, Madurai District. 3.The Inspector of Police, CBCID, Madurai. .. Respondents Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. to direct the first respondent to withdraw the Crime No.73 of 2011 on the file of the second respondent and transfer the same to the third respondent. For Petitioner :Mr.M.Subash Babu For Respondents :Mr.K.V.Rajarajan Govt.Advocate (Crl.Side) ORDER The petitioner approaches this Court with a prayer to withdraw the petition in Crime No.73 of 2011 pending on the file of the second respondent police and to transfer the same to the third respondent police. 2.Heard the learned Counsel appearing for the petitioner and the learned Counsel appearing for the respondents. 3.The learned Counsel for the petitioner submits that the alleged occurrence taken place on 02.02.2011, at 5.00 p.m. On the basis of complaint given by the husband of the deceased the case has been registered in Crime No.73 of 2011 under Sections 174 and 394 IPC and subsequently altered into Section 302 IPC. The respondent police has not shown any interest to file charge sheet and to conduct the case. Hence, the petitioner come forward with this petition to withdraw the Crime No.73 of 2011 on the file of the second respondent and transfer the same to the third respondent for proper investigation and to file charge sheet. 4.The second respondent filed a status report stating that they are conducting proper investigation and the investigation is going on in a right direction and further that the respondents also constituted a Special Team headed by one Pugazendi, Sub-Inspector of Police on 15.02.2011, to make secret enquiries for collecting the clues and they have fond the Mobile phone number and scrutinized of the call details on 20.02.2011. Hence, they prayed for dismissal of the petition. https://hcservices.ecourts.gov.in/hcservices/ 2 5.On 22.02.2011, while the petitioner along with his wife was travelled in a motor-cycle, they have lost 25 sovereign of gold chain worn by his wife which has been snatched and she was assaulted and died on 07.02.2011 and the case has been registered and subsequently, altered into Section 302 IPC. Since the petitioner is having no faith in the present Investigating Officer, instead of transferring the case to the third respondent, I am inclined to give a direction, to meet the ends of justice, to the first respondent to appoint a neutral Officer to investigate the matter under the supervision of the Deputy Superintendent of Police concerned to complete the investigation as expeditiously as possible. 6. With the above observation, this Criminal Original Petition is disposed of. Sd/- Assistant Registrar (RTI) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Madurai District. 2.The Inspector of Police, C-4, Othakadai Police Station, Madurai District. 3.The Inspector of Police, CBCID, Madurai. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Gsr SR ; 10.08.2011 : 2p/5c Crl.O.P.(MD)No.8832 of 2011 01.08.2011 https://hcservices.ecourts.gov.in/hcservices/