In a criminal original petition under Section 482 CrPC, the petitioner sought transfer of an investigation due to allegations of police misconduct leading to his brother's suicide.
Investigation directed to be monitored by D.S.P, Palani; second respondent directed to conclude investigation and file final report within four weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.O.P.(MD)No.164 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 16.02.2021
CORAM :
THE HONOURABLE Mrs. JUSTICE R. HEMALATHA Crl.O.P.(MD)No.164 of 2021
Rizwan
... Petitioner
Vs.
1.The Superintendent of Police, Dindigul District.
2.The Inspector of Police, Palani Taluk Police Station, Dindigul District.
3.The Inspector of Police, CBCID, Dindigul District. ... Respondents
Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to transfer the investigation in Crime No.987 of 2020 from the file of the second respondent to the third respondent.
For Petitioner : Mr.R.Gandhi For Respondents : Mr.S.Chandrasekar, Additional Public Prosecutor
ORDER
The present petition is filed by the petitioner, seeking for a direction to transfer the investigation in Crime No.987 of 2020 of Palani Taluk Police Station, Dindigul District, to the third respondent.
2.The main grievance of the petitioner is that the petitioner's brother was brutally attacked by one Mohammed in the presence of the Inspector of Police and other police men at Palani Taluk Police Station and that on account of this, the petitioner's brother committed suicide on 20.10.2020 and that the investigation has not been done properly by the second respondent and therefore, seeks for transfer of investigation from the second respondent to the third respondent, the Inspector of Police, CBCID, Dindigul District.
3.Mr.S.Chandrasekar, learned Additional Public Prosecutor, who accepts notice on behalf of the respondents, on instructions, would contend that the Inspector of Police, Palani Taluk Police Station, has been transferred recently and another Officer has been taken charge of the said Police Station. He would further contend that a Section of Law was altered into 302 of Indian Penal Code and a report was also filed before the concerned Judicial Magistrate. https://hcservices.ecourts.gov.in/hcservices/
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Crl.O.P.(MD)No.164 of 2021
According to him, the investigation in Crime No.987 of 2020, is going on the right path.
4.The learned counsel for the petitioner would contend that though the petitioner has sought for larger relief of transfer of investigation in Crime No.987 of 2020 from the file of the second respondent to the third respondent, it would be sufficient, if the investigation is monitored by the Deputy Superintendant of Police, Palani.
5.Since, the petitioner is levelling certain serious allegations against the Inspector of Police, Palani Taluk Police Station and the petitioner's brother was allegedly attacked in the Police Station, the investigation in Crime No.987 of 2020 is directed to be monitored by the Deputy Superintendant of Police, Palani. Further, the second respondent is also directed to conclude the investigation and file a final report before the concerned Judicial Magistrate, within a period of four weeks from the date of receipt of a copy of this order / uploading of the order.
Assistant Registrar (W)
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
Note In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To
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Crl.O.P.(MD)No.164 of 2021
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Crl.O.P.(MD)No.164 of 2021
16.02.2021
KUN(CO) KB(10.03.2021) 3P 6C
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2 issues framed by the court
Whether the investigation in Crime No.987 of 2020 should be transferred from the local police station to the CBCID or monitored by a superior officer due to serious allegations of police misconduct.
Whether the allegations that the petitioner's brother was attacked by a criminal in the presence of police at the police station warrant a change in the investigating authority.
1 provisions across 1 enactments
Rizwan
The Superintendent of Police, Dindigul District
The Inspector of Police, Palani Taluk Police Station, Dindigul District
The Inspector of Police, CBCID, Dindigul District
R. Hemalatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
