T. Veeran vs State

V. Kanagaraj, J.—This petition has been filed praying to issue a direction to transfer the investigation in Cr. No. 174/2003 from the file of

the Sub-Inspector of Police, Rajapalayam, North Police Station, Virudhunagar District, the first respondent herein to the file of the Inspector of

Police, C.B.C.I.D. Wing, Virudhunagar District for further investigation.

The learned counsel appearing on behalf of the petitioner is aggrieved that inspite of having registered a case, the first respondent has not taken

any follow up action towards investigation, as a result of which, inspite of being a grave offence committed the sections remain very light ones, for

instance the respondent has registered the case under Sections 147, 427 and 323 I.P.C. in a case of commission of offence of grave nature. The

first respondent police have not also investigated the matter properly, as a result of which the petitioner would seek for the transfer of the

investigation from the hands of the first respondent to the C.B.C.I.D.

On the part of the learned Government Advocate on the Criminal Side representing the respondents, he would submit that the investigation is

going on smoothly and that only after obtaining the medical certificate etc. the police will be able to arrive at the conclusion as to under which

provision of law the chargesheet has to be laid, particularly when it is a case in counter, in which in the other case this Court has quashed the

chargesheet for certain reasons alleged and therefore, the learned Government Advocate on the Criminal Side would further submit that the

petitioner shall remain patient till the outcome of the investigation and hence, the following order.

In result,

i. the first respondent is hereby directed to expedite the investigation in this regard to bring out a true case as it had been committed and file a

chargesheet at the earliest;

ii. the Deputy Superintendent of Police concerned shall monitor the investigation done by the first respondent so as to reach its logical ends;

iii. subject to the above direction, this Court is of the view to close the above Criminal Original Petition and the same is ordered accordingly.