1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.02.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Crl.O.P.(MD)No.995 of 2011 A.Santha ... Petitioner Vs. 1.The Director General of Police, Mylapore, Chennai. 2.The Superintendent of Police, Thanjavur District. 3.The Inspector of Police, Swamimalai Police Station, Thanjavur District F.I.R.No.380 of 2010 4.The Inspector, C.B.C.I.D. Thanjavur. ... Respondents PRAYER: This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to withdraw the investigation of the case of F.I.R.No.380 of 2010 from the file of the 3rd respondent and transferring the same to the 4th respondent herein. For Petitioner :Mr.T.Sekar For Respondent :Mr.L.Murugan Govt. Advocate (Crl.side) for RR1 to 4 O R D E R This Criminal Original Petition has been filed by the petitioner seeking for the transfer of investigation in crime No.380 of 2010 pending on the file of the 3rd respondent to the file of the 4th respondent. 2. Heard Mr.T.Sekar, learned counsel for the petitioner and Mr.L.Murugan, learned Government Advocate (Criminal side) appearing for the respondents/State 3.The learned counsel appearing for the petitioner would submit in his argument that the petitioner is the daughter of the deceased Mariammal, who was done to death on 08.12.2010 by her own brother Baskar and his wife Chithra and yet another person viz., Pitchai. He would further submit in his argument that the motive for murder was due to the quarrel between the said Baskar and Mariammal regarding the inheritance of the property and they have planned to murder Mariammal and accordingly executed the same. 4. He would further in his argument that the said Mariammal had already given a complaint before the 3rd respondent police seeking for a direction for her life and limb. He would also submit that on the date of occurrence, the petitioner was informed about the death of her mother Mariammal through one Shanthi wife of her brother Ilango by phone and https://hcservices.ecourts.gov.in/hcservices/ 2 immediately, the petitioner and her husband along with others went to the 3rd respondent police station and gave a complaint and a constable came to the place of occurrence and since the house was locked, the constable opened the door and they have seen that the house was bloodstained and washed. Thereafter, the petitioner came to know that her complaint was not registered, but it was stated that the police obtained a complaint from the Village Administrative Officer and in the said complaint; the involvement of yet another person viz., Pitchai was totally suppressed. 5.He would further submit in his argument that the petitioner gave a representation on 20.12.2010 to the 1st respondent requesting the transfer of investigation from the hands of the 3rd respondent to the file of 4th respondent, which was not considered so far. Therefore, it has become necessary for the petitioner to approach this Court to seek a direction for the transfer of the case. 6.The learned Government Advocate (criminal side) would submit in his argument that the allegations made by the petitioner that she gave a complaint to the police on 08.12.2010 is false and imaginary and the case was known to the police only after the complaint given by the Village Administrative Officer, who is the defacto complainant of this case. He would further submit in his argument that the investigation is promptly doing by the 3rd respondent police and the complaint given by the Village Administrative Officer was supported by the extra judicial confession given by the accused persons viz., Baskar and on that basis, the investigation is being carried on. 7.He would further submit that the involvement of Pitchai was not spoken to by the defacto complainant in his extra judicial confession statement, however, it is found to be true in the course of investigation, he would also be included as one of the accused. He would further submit in his argument that the petitioner is not an eyewitness and therefore, it is peculiar to say that the petitioner has given a complaint on hearing through phone from one Shanthi wife of Ilango. He would further submit that the petitioner has not clarified that whether the said Shanthi wife of Ilango was an eye witness and the petitioner has to put forth a false story and the complaint is said to have given by the petitioner on 23.11.2010 is a false one and it has been prepared for the purpose of this petition. 8.He would further submit that the investigation is proceeding in a correct line and there is no necessity for transferring the investigation from the file of the 3rd respondent to the file of the 4th respondent. She would also submit that there is no malafide on the part of the investigating agency and against the interest of justice and therefore, the petitioner filed by the petitioner may be dismissed. 9.I have given anxious thoughts to the arguments advanced on either side. 10.The petitioner is the daughter of the deceased woman. She is said to have given a complaint to the 3rd respondent police on hearing the information from one Shanthi wife of Ilango that her mother was murdered and put in a sack. The petitioner has not produced any copy of the complaint given by her. Admittedly, the petitioner is not an eyewitness. https://hcservices.ecourts.gov.in/hcservices/ 3 She is only a hearsay witness. If really, the petitioner has given a complaint to the 3rd respondent police, she would have produced with the copy of the complaint. The complaint given by the Village Administrative Officer was on the basis of the extra judicial confession statement given by the accused persons and it was given at 21.30 p.m. on 08.12.2010 to the investigating officer and the same was immediately forwarded to the Court and on that basis, the investigating officer has also commenced the investigation immediately. Therefore, the complaint given by the Village Administrative Officer cannot be disputed at this stage. The reasons submitted by the petitioner for disbelieving the 3rd respondent was that yet another accused viz.,Pitchai was omitted from the scene of crime and he has also to be incriminated as one of the accused. 11.According to the submission of the learned Government Advocate (criminal side) if the evidence collected during the investigation would reveal that the said Pitchai was also one of the accused, he would be implicated and charge sheet would be filed. In the said circumstances, I could see that the investigation is promptly proceeding as per the counter filed by the 3rd respondent. It has also been submitted that the investigation was almost completed and the investigating officer is awaiting the chemical analysis to prepare the final report. Even at this stage, the investigation officer can indulge in collecting the evidence as to the participation of said Pitchai in the said crime and to come to an appropriate conclusion on the basis of the evidence collected and to file the charge sheet within a stipulated time. 12.Therefore, I find no reason for acceding to the request of the petitioner to transfer the investigation in crime No.380 of 2010 on the file of the 3rd respondent police and this petition is liable to be dismissed. Accordingly, this criminal original petition is dismissed. However, the 3rd respondent is directed to file the final report after completing the investigation as per the observation made along in the order and to file the final report within a period of two months from the date of receipt of a copy of this order. 13.With the aforesaid observation and direction, this criminal original petition is disposed of. arul Sd/- Assistant Registrar[CO] /True copy/ To Sub Assistant Registrar 1.The Director General of Police, Mylapore, Chennai. 2.The Superintendent of Police, Thanjavur District. 3.The Inspector of Police, Swamimalai Police Station, Thanjavur District 4.The Inspector, C.B.C.I.D. Thanjavur. 5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 cc to Mr.T.Sekar, Advocate SR.No.8950. Crl.O.P.(MD)No.995 of 2011 Dated:14.02.2011 3P/7C RPB 08.03.2011 https://hcservices.ecourts.gov.in/hcservices/