Anbazhagan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.11.2023

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Anbazhagan ... Petitioner Vs.

1. State of Tamil Nadu Represented by the Secretary to Government, Home Department, Secretariat, Chennai-600 009.

2. The Director General of Police, Chennai-600 004.

3. The Superintendent of Police, Thiruvallur District, Tiruvallur.

4. The Inspector of Police, Mappedu Police Station, Thiruvallur District.

... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to direct the respondents to consider the petitioner's representation dated 02.10.2023 and transfer the case in Cr.No.330 of 2023 on the file of the Mappedu Police Station, Thiruvallur District to CBCID.

For Petitioner : Mr.P.Pugalenthi For Respondents : Mr.S.Udaya Kumar Government Advocate (Crl.Side) 1/5

O R D E R

The petitioner herein is the father of Vishva @ Vishvanathan, On 29.08.2023, the petitioner's son was killed in an encounter. Alleging that it is a fake encounter and the investigation must be done by the Special Agency as per the guidelines of Government issued on 08.08.2007, the present petition is filed for changing of investigating agency from Mappedu Police Station, Thiruvallur District to CBCID.

2. The learned Government Advocate (Crl.Side) appearing for the respondent police submits that the deceased Vishva @ Vishvanathan is a History Sheeter having about 18 criminal cases of grave nature in various stations at Kanchipuram District. He has attempted to attack his escort party. He was over powered using police force and consequently, he died due to bullet injuries. Apart from enquiry by the Revenue Executive Magistrate, the case is now been investigated by one Mr.Elangovan, Deputy Superintendent of Police, Social Justice/Human Rights Commission. This has been done strictly in compliance with the letter of the Government dated 08.08.2007 which had stated that investigation must be done by independent investigating agency such as the said CBCID.

2/5

3. This Court satisfied that investigation is not done by the same police, but, the same was done by Mr.Elangovan, Deputy Superintendent of Police, Social Justice/Human Rights Commission. The said case is registered in Cr.No.330 of 2023 .

4. By proceedings dated 16.09.2023, the Government has appointed Mr.Elangovan, Deputy Superintendent of Police, Social Justice/Human Rights Commission, to investigate the case as per the guidelines of the Hon'ble Supreme Court in accordance with law.

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

Vv 02.11.2023 To

1. The Secretary to Government, Home Department, Secretariat, Chennai-600 009.

2. The Director General of Police, Chennai-600 004.

3/5

3. The Superintendent of Police, Thiruvallur District, Tiruvallur.

4. The Inspector of Police, Mappedu Police Station, Thiruvallur District.

5. The Public Prosecutor, High Court of Madras, Chennai.

4/5

Dr.G.JAYACHANDRAN,J.

Vv 02.11.2023 5/5