Madras High Court
A.Thirumalai vs The Superintendent Of Police on 22 July, 2021
Crl.O.P.(MD)No.8843 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
RESERVATION DATE : 22.07.2021
PRONOUNCING DATE :11.08.2021
CORAM:
THE HON'BLE MR JUSTICE G.ILANGOVAN
Crl.O.P.(MD)No.8843 of 2021
A.Thirumalai ... Petitioner
Vs.
1.The Superintendent of Police,
Madurai District
Surveyor Colony,
Madurai.
2.The State rep by its
Inspector of Police,
Melavalavu Police Station,
Melur Taluk, Madurai District.
( Crime No.114 of 2021)
3.The Sub-Inspector of Police,
Melavalavu Police Station,
Melur Taluk,
Madurai District.
(Crime No.114 of 2021)
4.Jeyampandian,
Sub-Inspector of Police,
Melavalavu Police Station,
Melur Taluk,
Madurai District. ... Respondents
1/8
https://www.mhc.tn.gov.in/judis/
Crl.O.P.(MD)No.8843 of 2021
Prayer:Criminal Original Petition is filed under Section 482 Cr.P.C., to
transfer the investigation of the case in Crime No.114 of 2021 on the file of
the 2nd respondent police to any other investigating agency or officer and to
expedite its investigation under the direct supervision of the 1st respondent.
For Petitioner : Mr.N.Dilip Kumar
For R1 to R3 : Mr.R.M.Anbu Nithi,
Additional Public Prosecutor.
ORDER
This Criminal Original Petition is filed seeking a direction to transfer
the investigation in Crime No.114 of 2021 from the file of the 2nd
respondent police to any other police officials or agency.
2. The case in Brief:-
The petitioner is the victim in Crime No.114 of 2021. It is registered
on the basis of the complaint, given by him, on 16.06.2021. In the
complaint, it has been alleged by him that he is a coolie worker and actively
involved in social works as well as fight against the water body
encroachment etc., On 16.06.2021, at about 03.00 p.m., when he was
grazing his goats, near Indian Oil Corporation Pipeline, at the instigation of
one Prakash, Machakalai, Parvathi, Karupaiah, Pasumon Muthuraman,
Ayyanar, Tirunavukarasu, Sivakami, Kusalavan, Dilagavathi, Latchumanan,
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Crl.O.P.(MD)No.8843 of 2021
Anitha, Suresh, 3 unidentified persons assaulted him with deadly weapons
on either side of his thigh region and also stabbed and pushed him down.
The injured was brought to the Government Hospital, Melur, immediately
and later, he was shifted to Meenakshi Mission Hospital, Madurai. The
statement of the petitioner has been recorded by the Police, when he was
admitted in the Meenakshi Mission Hospital, Madurai. Based upon his
statement, a case in Crime No.114 of 2021, was registered for the offences
punishable under Sections 147, 109, 324 & 506 (ii) IPC on the same date of
occurrence.
3. Investigation has also been undertaken. Pending investigation, this
petition came to be filed by the petitioner, on the ground that even though,
murderous attack has been committed upon him, the First Information
Report has not been registered under Section 307 IPC. Sofar, no wound
certificate has been collected and medical records has not been recovered.
So, there is a clear bias, on the part of the Investigating Officer and they
intended to screen the real accused persons. Fair investigation is also a part
of fair trial. Sofar, no arrest and recovery has been made. Hence, this
petition.
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Crl.O.P.(MD)No.8843 of 2021
4. Heard both sides.
5. Status Report has also been filed by the Investigating Officer. The
learned counsel for the petitioner would submit that the petitioner was
actively involved in fight against the water body encroachment and because
of the enmity, this murderous attack has been committed by the unidentified
three persons, at the instigation of persons, whose names mentioned in the
First Information Report. So, according to him, in respect of that, no
investigation has been undertaken and no arrest has been made sofar and
even anticipatory bail application, filed by the one of the accused, came to
be dismissed, by this Court, in Crl.OP(MD)No.8323 of 2021, dated
09.07.2021.
6. The learned Additional Public Prosecutor would submit that there
are 13 accused persons in this matter and investigation has been properly
undertaken. A serious allegation has been made by the petitioner, on the
ground that investigation has been taken in wrong direction, in order to
screen the real offenders. Since the Investigating Officer has not collected
material objects, has not arrested the accused persons also.
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Crl.O.P.(MD)No.8843 of 2021
7. From the perusal of CD file, this Court came to know that not only
the investigation was not undertaken in the proper direction, but, possibility
of screening the real offenders can not be ruled out. So, any further
discussion, on this point, it leads to impair the further investigation. So, this
Court is not discussing about the facts that has been set out in the CD file.
This Court has not satisfied the manner in which, the investigation has
undertaken sofar. The photographs produced by the petitioners shows that
he sustained deep and grievous injuries. He has been immediately taken to
the hospital and entries was made in the private hospital, Madurai as well as
Government Hospital, Melur shows that the injuries are not self inflicted
injuries. The injuries were caused by the some persons. The occurrence said
to have took place at 03.00 p.m and he has been admitted in the hospital at
03.30 p.m. Within half an hour, he has been taken into the hospital. At that
time, he has given a statement that he was assaulted with knife. The injuries
are stated to be simple as per the wound certificate issued by the Meenakshi
Mission Hospital, Madurai. But all the injuries are lacerated injuries
measuring more than 5 cm x 5 cm. Injuries have been found on the right and
left thigh regions as well as the spinal card region also.
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Crl.O.P.(MD)No.8843 of 2021
8. In what circumstance, transfer of investigation can be effected has
been decided in a number of judgments, more particularly, in the case of
Kashmeri Devi Vs Delhi Administration & Another 1988 AIR 1323, the
Hon'ble Supreme Court has pointed out that transfer of investigation, can be
ordered, if any attempt is made by the Investigating Agency to shield the
real offenders and the police acted in a partition manner. So, what has been
set out by the Hon'ble Supreme Court is squarely applicable in the facts and
circumstances of this case. Perusal of entire CD file shows the attitude of
the Investigating Officer.
9. I am of the considered view that this is a fit case to transfer the
investigation from the file of the second respondent herein to some other
Police Officer.
10. So, the investigation is transferred to the Deputy Superintendent
of Police, Melur. The second respondent herein, is directed to immediately
handed over all the records and case files to the Deputy Superintendent of
Police, Melur, who shall undertake the investigation from initial stage,
without being influenced by the investigation sofar undertaken.
The investigation shall be undertaken by the Deputy Superintendent of
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Crl.O.P.(MD)No.8843 of 2021
Police, Melur, under the direct supervision of the first respondent herein and
the final report must be filed within a period of five months from the date of
receipt of a copy of this order. So, after filing final report, compliance report
must be informed to the Registry. To that extent, this petition is allowed.
11.08.2021
Internet:Yes
Index:Yes/No
Speaking order/Non-Speaking order
dss
Note: In view of the present lock down owing to COVID-19 pandemic, a
web copy of the order may be utilized for official purposes, but, ensuring
that the copy of the order that is presented is the correct copy, shall be the
responsibility of the advocate/litigant concerned.
To
1.The Superintendent of Police,
Madurai District,
Surveyor Colony, Madurai.
2.The Inspector of Police,
Melavalavu Police Station,
Melur Taluk, Madurai District.
3.The Sub-Inspector of Police,
Melavalavu Police Station,
Melur Taluk, Madurai District.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis/
Crl.O.P.(MD)No.8843 of 2021
G.ILANGOVAN,J.,
dss
Crl.O.P.(MD)No.8843 of 2021
11.08.2021
https://www.mhc.tn.gov.in/judis/
