Madras High CourtCRL OP(MD)/6614/2017closed

Moorthy v. The Superintendent Of Police

2017-06-06Honourable Mr Justice P. N. Prakash3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.06.2017

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD)No.6614 of 2017 Moorthy : Petitioner/Defacto Complainant Vs.

1. The Superintendent of Police, Thoothukudi District, Thoothukudi.

2. The Inspector of Police, Ottapidaram Police Station, Ottapidaram, Thoothukudi District.

(Crime No.39 of 2017).

3. The Director General of Police, C.B.C.I.D., C.B.C.I.D., Head Quarters, Chennai.

4. Mr.Raja Sundar, Inspector of Police, Ottapidaram Police Station, Ottapidaram, Thoothukudi District.

: Respondents Prayer : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure praying to direct the first respondent herein to transfer the investigation in Crime No.39 of 2017, dated 24.03.2017 on the file of the second respondent herein to the third respondent herein.

For Petitioner : Mr.A.Thiruvadi Kumar For Respondents 1to3 : Mr.K.Anbarasan, Government Advocate (Crl.side)

O R D E R

On the complaint lodged by the petitioner, the respondent police registered a case in Crime No.39 of 2017 on 24.03.2017 under Sections 147, 148, 294(b), 506(2) of the Indian Penal Code and Section 3 of Tamil Nadu Public Property (Prevention of Damage and Loss) Act, 1992, against one Santhanaraj and eight others including seven advocates. Similarly, on the complaint given by one Maya, the respondent police have registered a case in Crime No.40 of 2017 on 24.03.2017 under Sections 448, 294(b), 355, 323, 506(1), 427 of the Indian Penal Code and Section 4 of the Tamil Nadu Prohibition of Harassment of Woman Act, 2002 against Athisayakumar and three others including three advocates. Thus, there is a case and counter case amongst advocates, each one making allegations against the other. While so, the defacto complainant in Crime No.39 of 2017 is before this Court making allegations against the Investigating Officer and seeking transfer of investigation.

2. Mr.A.Thiruvadi Kumar, learned counsel appearing for the defacto complainant submitted that the Investigating Officer was trying his level best to bring about a settlement between the advocates without registering a First Information Report and, therefore, the investigation is biased. He also submitted that for the incident that had taken place on 01.03.2017, First Information Report itself was registered only on 24.03.2017. He further submitted that when one of the advocates, by name Ruparaja in Crime No.39 of 2017 filed Crl.O.P.(MD)No.3767 of 2017 for anticipatory bail, the police reported that his name has been deleted in the First Information Report. Recording the representation, the anticipatory bail application was closed by this Court on 05.04.2017. Therefore, the learned counsel contended that the investigation deserves to be transferred.

3. Per contra, the learned Government Advocate (Criminal side) submitted that the name of the said Rubaraja has not been deleted in Crime No.39 of 2017 and some mistake has crept in while giving instructions to the Court when Crl.O.P.(MD)No.3767 of 2017 came up for hearing.

4. This Court gave its anxious consideration to the rival submissions.

5. The fact remains that two groups of advocates have fought and there is a case and counter case against them. In a case of this nature, the Inspector of Police cannot be expected to do anything more, because anything done will lead to serious consequences, like boycott of Courts, etc. Therefore, this is not a fit case to transfer the investigation to any other Agency.

However, it will be in the fitness of things, if the Deputy Superintendent of Police, Maniachi Sub-Division is directed to monitor the investigation in Crime No.39 of 2017 and Crime No.40 of 2017 on the file of Ottapidaram Police Station.

6. With the above direction, this Criminal Original Petition is closed.

Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar To

1. The Superintendent of Police, Thoothukudi District, Thoothukudi.

2. The Deputy Superintendent of Police, Maniachi Sub-Division

3. The Inspector of Police, Ottapidaram Police Station, Ottapidaram, Thoothukudi District.

4. The Director General of Police, C.B.C.I.D., C.B.C.I.D., Head Quarters, Chennai.

5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+ 1 CC TO Mr.A.THIRUVADI KUMAR, ADVOCATE IN SR No. 58700 SML TE/KKR/SAR-I : 12/06/2017 : 3P/7C Order made in Crl.O.P.(MD)No.6614 of 2017 Dated: 06.06.2017