Rajamani v. The Joint Director And Head Of The Zone

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated:21.10.2024 Coram:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN S.Rajamani .. Petitioner /versus/ 1.The Joint Director and Head of the Zone, Central Bureau of Investigation, 3rd Floor, EVK Sampath Building, College Road, Chennai.

2.The Superintendent of Police, Office of the Superintendent of Police, Coimbatore District, Coimbatore.

3.The Inspector of Police, Chettipalayam Police Station, Coimbatore, Coimbatore District.

(Crime No.283 of 2024) .. Respondents Criminal Original Petition has been filed under Section 528 of BNSS to transfer the investigation in Crime No.283 of 2024 from the file of the 3rd respondent to the file of the 1st respondent. 1/5

For Petitioner :Mr.R.LDhiliban Pandian For Respondents :Mr.K.M.D.Muhilan Govt. Advocate (Crl.Side) ------

ORDER

This petition is filed to transfer the investigation in Crime No.283 of 2024 from the file of the 3rd respondent, Inspector of Police, Chettipalayam Police Station, Coimbatore, to the file of the first respondent, CBI.

2. From the Status Report filed by the Investigating Officer, the son of the petitioner, a practising Advocate, was done to death on 02.08.2024. In this connection, persons crossing the check-post in the car owned by the deceased were secured and interrogated. The Police found that conspiracy hatched by the accused persons to murder Udayakumar, due to money transaction and dispute between him and one Ayyanar @ Selvam. Sofar the Police has secured four persons. They were taken into police custody for enquiry and based on the investigation and information collected, weapons used for the murder has been recovered and sent for Forensic Analysis. It is further stated that the victim belongs 2/5

to scheduled caste and therefore, steps are taken for transfer the investigation by a Police officer not below the rank of DSP.

3. In the light of the Status Report filed by the Inspector of Police, Chettiplayam Police Station, this Court holds that there is no lapse on the part of the Investigating Officer for transfer of investigation from him. In any event, the case is likely to be investigated by DSP, if any offence under Scheduled Caste/Scheduled Tribes is made out.

4. With the above observations, this Criminal Original Petition is disposed of.

21.10.2024 Index:yes/no Internet:yes/no ari 3/5

To:

1.The Joint Director and Head of the Zone, Central Bureau of Investigation, 3rd Floor, EVK Sampath Building, College Road, Chennai. 2.The Superintendent of Police, Office of the Superintendent of Police, Coimbatore District, Coimbatore.

3.The Inspector of Police, Chettipalayam Police Station, Coimbatore, Coimbatore District. (Crime No.283 of 2024) 4.The Public Prosecutor, High Court, Madras.

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Dr.G.JAYACHANDRAN,J.

ari 21.10.2024 5/5