J.Justine, S/O.Yesudasan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.06.2017

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH W.P.(MD) No.9991 of 2017 J.Justin ... Petitioner -vs1.

The State of Tamil Nadu, Rep. by the Secretary to Government, Home Department, Secretariat, Fort St.George, Chennai-600 009.

2.

Director General of Police, State of Tamil Nadu, Dr.Radhakrishnan Road, Mylapore, Chennai-600 004.

3.

Dharmarajan, Superintendent of Police, Nagercoil.

4.

The Inspector of Police, Nesamani Police Station, Nagercoil, Kanyakumari District.

5.

The Inspector of Police, Anti Land Grabbing Cell, Nagercoil, Kanyakumari District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus, directing the Respondents 1 and 2 to transfer the case in Crime No.74/2014 pending investigation on the file of 4th Respondent to any other competent agency or other officers not directly or indirectly under the control of the 3rd Respondent to investigate and file the final report expeditiously pursuant to Petitioners representation dated 18.04.2017.

For Petitioner :

Mr.S.Suresh Kumar For Respondents :

Mr.T.S.Mohammed Mohideen, Addl. Govt. Pleader *****

O R D E R

This petition has been filed, seeking to direct the respondents 1 and 2 to transfer the case in Crime No.74 of 2014 pending investigation on the file of 4th Respondent to any other

competent agency or other officers not directly or indirectly under the control of the 3rd Respondent to investigate and file the final report expeditiously pursuant to Petitioners representation dated 18.04.2017.

2. On the complaint lodged by the petitioner, a case in Crime No.74 of 2014 was registered by the Inspector of Police, Anti Land Grabbing Cell, Nagercoil and after completing the investigation, the case was closed as "Mistake of Fact" on 26.11.2014. Aggrieved by the same, the petitioner filed Crl.M.P.No.35 of 2015 by way of protest application before the learned Judicial Magistrate (Special Court for Land Grabbing), Tirunelveli and the Magistrate ordered further investigation on 26.08.2016. Based on the order passed by the Magistrate, the Superintendent of Police, Kanyakumari District transferred the case in Crime No.74 of 2014 from the file of the Anti Land Grabbing Cell, Tirunelveli to the Inspector of Police, Nesamani Nagar Police Station for proceeding with the investigation. Though the case has been transferred from the Anti Land Grabbing Cell, Tirunelveli, no new Crime Number has been assigned by the Nesamani Nagar Police and the case is being investigated only as Crime No.74 of 2014.

3. While so, the petitioner has filed the present petition, alleging that the Superintendent of Police is very close to some of the accused, mentioned in the FIR and that he had also attended a college function and therefore, the investigation will be a biased one.

4. In the considered opinion of this Court, the investigation is being conducted by the Inspector of Police, Nesamani Nagar Police Station and just because the Superintendent of Police attended a function in the college, run by one of the accused, it cannot be said that the investigation conducted by the Inspector of Police, Nesamani Nagar Police Station will be a biased one. It is always open to the petitioner to attack the conclusion arrived at by the Investigating Officer after the culmination of investigation.

5. Hence, this petition is closed with liberty to the petitioner to assail the final opinion arrived at by the Investigating Officer, namely, the Inspector of Police, Nesamani Nagar Police Station, if the same is not to the satisfaction of the petitioner. The investigation shall be completed as expeditiously as possible. No costs.

Sd/- Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar

To:

1.

The Secretary to Government, State of Tamil Nadu, Home Department, Secretariat, Fort St.George, Chennai-600 009.

2.

The Director General of Police, State of Tamil Nadu, Dr.Radhakrishnan Road, Mylapore, Chennai-600 004.

3. The Superintendent of Police, Kanyakumari District at Nagercoil, 4.

The Inspector of Police, Nesamani Police Station, Nagercoil, Kanyakumari District.

5.

The Inspector of Police, Anti Land Grabbing Cell, Nagercoil, Kanyakumari District.

+1cc to Mr.S.Suresh Kumar, Advocate Sr.No.58940 +1cc to Mr.Xavier Rajini, Advocate Sr.No.59055 +1cc to Spl.Government Pleader Sr.No.58811 AR VB/KKR/SAR4/16.06.2017/3P/9c W.P.(MD) No.9991 of 2017 06.06.2017