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Madras High CourtCRL OP/5283/2017allowed

G.R.Gokul, v. The State Rep By Its,

2017-10-26Honourable Mr Justice M.S. Ramesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.10.2017

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.5283 of 2017 G.R.Gokul ... Petitioner Vs The State Rep by its The Inspector of Police, Virudampet Police Station, Vellore District.

... Respondent Prayer : Criminal Original Petition filed under Section 482 Cr.P.C. to transfer the investigation from the file of the respondent police herein to some other competent investigation agency in Crime No.48 of 2017 on the file of the respondent police, Virudampet Police Station, Vellore.

For Petitioner :

Mr.S. Ananthanarayanan Senior Counsel for Mr.E.C.Ramesh For Respondent :

Mr.P.Govindarajan Additional Public Prosecutor

O R D E R

The prayer sought for in the present petition is for transfer of investigation in Crime No.48 of 2017. 2.The grievance of the petitioner is that though his father was done to death by six named accused by using weapon and the investigation was not done properly.

3. According to the learned counsel for the petitioner, there was an eye-witness to the death of the deceased father. Neither the eye-witness nor the son of the deceased were examined by the police. In view of the lethargic manner, in which the investigation came to be conducted, the petitioner submits that he has no confidence in the investigation being conducted by the respondent and therefore, seeks for transfer.

4. Learned Additional Public Prosecutor, on the other hand, submitted that the investigation has been properly conducted and charge sheet has also been filed for the offence under Section 7 of the PC Act, 1988 on 24.07.2017 and a copy of the same also produced before this Court today. He also submitted that the statement of the deceased driver, viz., Inbanathan was also obtained and therefore, it is not correct on the part of the petitioner to state that eye-witness was not examined.

5. Today, when the matter was called, learned counsel for the petitioner has produced an affidavit of Inbanathan / deceased's driver stating that the respondent police had not examined him. However, they had taken his signature in a blank sheet of paper and filled up the same with their own statement.

6. Admittedly, the petitioner who is the deceased's son was also not examined.

7. While that being so, in the absence of vital incriminating materials, I am unable to comprehend as to how there can be a proper trial for the purpose of establishing the crime beyond the reasonable doubt. In the absence of statements from the eye-witness as well as that of the petitioner, the other statements recorded also may not carry much importance. The investigation conducted so far is improper and therefore, in the interest of justice, I am of the view that a fresh investigation needs to be conducted in the present case.

8. At this juncture, it is brought to my notice by the learned counsel for the petitioner that the 1st accused, viz., Kuppan @ Sathish Kumar, is also involved in six other murder cases. The learned counsel further submitted that the concerned Inspector of Police has also been suspended from the service.

9. In view of the gravity of the offence and the criminal background of the accused and also taking note of the fact that the reputation of the investigation conducted by the earlier investigation officer, it would be appropriate to transfer the proceedings to a different investigating officer.

10. In the result, the Criminal Original Petition stands allowed. Investigation done so far in Crime No.48/2017 by the respondent police is set aside and the subsequent charge sheet dated 24.07.2017 is also set aside. The Superintendent of Police, Vellore District is directed to transfer the Crime No.48 of 2017 on the file of the Inspector of Police, Virudampet Police Station, Vellore District to the file of the Deputy Superintendent of Police, Vellore District, for the purpose of fresh investigation.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar nl To 1.The Superintendent of Police, Vellore District.

2.The Deputy Superintendent of Police, Vellore District.

3.The Inspector of Police, Virudampet Police Station, Vellore District.

4.The Public Prosecutor, High Court, Madras.

+1 CC to Mr.E.C.Ramesh Advocate Sr.No.75630 Crl.O.P.No.5283 of 2017 SV(CO) KP(21.11.2017)