P.Selvakumar v. The Superintendent Of Police
N.SATHISH KUMAR, J.
This Writ Petition has been listed today under the caption 'for being mentioned' at the instance of the learned counsel for the petitioner.
2. The learned counsel for the petitioner submitted that in the Order dated 15.11.2021 made in W.P.No.1561 of 2017, in paragraph No.5, it is mentioned as 'accused' instead of 'petitioner' and the same needs to be corrected.
3. In view of the above submissions, in the Order made in W.P.No.1561 of 2017, dated 15.11.2021, in the third line of paragraph No.5, instead of the word 'accused' it shall be read as 'petitioner'. All other aspects remain unaltered.
4.
The registry is directed to incorporate the above correction and issue fresh Order copy to the parties concerned.
14.10.2022 vrc
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.11.2021
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and W.M.P.No.1487 of 2017 P.Selvakumar ... Petitioner Vs.
1. The Superintendent of Police O/o the Superintendent of Police Thiruppur District Thiruppur.
2. State Rep. By its Inspector of Police Kundadam Police Station Kundadam Thiruppur District (Crime No.193 of 2013)
3. J.P.Viswanathan
4. Shanmugasundaram
5. Somasundaram
6. Kanagaraj
7. Jeyaprakash
8. Shanmugavenkateshkumar
9. S.Sivakumar
10. Veeran
11. Senthikumar
12. Manikandam
13. Sadasivam
14. Radhakrishnan @ Umaian ..Respondents Prayer: Petition filed under Article 226 of the Constitution of India to diret the first respondent to transfer investigating officer in Crime No.195 of 2013 on the file of the 2nd respondent herein to some other investigating officer and direct the new investigating officer to record necessary further statements and to file an additional
charge sheet before the learned III Additional District and Sessions Judge, Thiruppur in S.C.No.169 of 2014 based on the petitioners representation dated 29.12.2016. For petitioner : Mr.S.Kumaradevan For respondents : Mr.S.Vinoth Kumar for R1 & R2 Government Side (Criminal Side) No appearance for R3 to R14 - - - - -
O R D E R
This writ petition has been filed to direct the first respondent to transfer the investigating officer in Crime No.195 of 2013, pending on the file of the 2nd respondent to some other investigating officer and direct the new investigating officer to record necessary further statements and to file an additional charge sheet before the learned III Additional District and Sessions Judge, Thiruppur in S.C.No.169 of 2014 based on the petitioner's representation dated 29.12.2016.
2. The petitioner, who is the defacto complainant had moved Crl.M.P.No.9 of 2015 in S.C.No.169 of 2014 on the file of the learned III Additional District and Sessions Judge Dharapuram, seeking a direction for further investigation. The Court below has dismissed the petition and the same was also confirmed by this Court in Crl.R.C.No.1117 of 2015 dated 10/12/2015. Being aggrieved, the petitioner had filed S.L.P.No. 2387 of 2016 and the same was also dismissed. Now, the instant writ petition has been filed praying for the relief as stated therein.
3. Heard Mr.S.Kumaradevan, learned counsel appearing for the petitioner and Mr.S.Vinoth Kumar, learned Government Advocate (Criminal Side) for the respondents 1 and 2. There is no representation on behalf of the respondents 3 to 14.
4. The main grievance of the petitioner is that eventhough L.W.5 in her evidence had deposed about the seizure of two vehicles, the same has not been seized by the prosecution. It is to be noted that L.W.5 is none other than the close relative of L.W.1 and a perusal of the entire cross examination clearly indicate that she was not at all an eyewitness, but she has given a statement before the Police that she came to know about the incident through her Uncle. P.Ws.1 to 4 have not whispered anything in their deposition. Therefore, hearsay or overheard information cannot be treated as evidence as they lack authenticity. Therefore, merely because witness statements not supporting defacto complainant case, same cannot be agreed to attribute motive to Investigation Agency and seek for transfer of Investigation. This writ petition has been filed to overcome the earlier orders of this Court refusing for the investigation
5. Accordingly, this writ petition is dismissed, with cost of Rs.5,000/- (Rupees Five thousand only) payable to the Legal Aid Centre, Dharapuram. Trial Court is directed to ensure the cost amount to be paid by the accused before completion of trial. Trial Court is directed to complete the trial within a period of three months
from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petition is closed. 15.11.2021 mvs.
To
1. The Superintendent of Police O/o the Superintendent of Police Thiruppur District Thiruppur.
2. The Inspector of Police Kundadam Police Station Kundadam
3. III Additional District and Sessions Judge, Thiruppur
4. III Additional District and Sessions Judge Dharapuram, N. SATHISH KUMAR,J mvs.
15.11.2021