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CRL O.P. No.25642 of 2022IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 25.10.2024CORAMThe Hon`ble Mr. Justice P.DHANABALCrl. O.P. No.25642 of 2022K. Krishnamoorthy S/o. Kannu Gounder ... Petitioner / Defacto Complainant.vs.1. The Director General of Police,Police Head Quarters,No.1, Radhakrishnan Salai, Mylapore,Chennai-600 004.2. The Superintendent of Police (CBCID),North Zone, Alandur Municipal Complex,Alandur, Chennai.3. The Deputy Superintendent of Police (CBCID),Villupuram,No.77, Boobalan Street, Vandimedu,Villupuram - 605 602.4. The Superintendent of Police,Villupuram, Villupuram District...1 to 4 Respondents / 3rd Parties5. The Inspector of Police,Argandanallur Police Station,Villupuram District. .... 5th Respondent / ComplainantPRAYER: The Criminal Original petition is filed under Section 482 of 1/9 https://www.mhc.tn.gov.in/judis CRL O.P. No.25642 of 2022Criminal Procedure Code to transfer the investigation of the case in Cr. No.211 of 2022 pending on the file of Aragandanallur Police Station, Villupuram District on the file of 3rd respondent (CBCID) or any other duly nominate officer as being mentioned by the 1st and 2nd respondents and to file final report in time.For petitioner:Mr. P.C. ThiyaguFor Respondents :Mrs. G.V. Kasthuri,Additional Public Prosecutor,High Court, Madras.ORDER This Criminal Original Petition is filed by the petitioner to transfer the investigation of the case in Cr. No.211 of 2022 pending on the file of the Aragandanallur Police Station, Villupuram District to the file of the 3rd respondent/CBCID or any other duly nominated officer as being monitored by the 1st and 2nd respondents and to file final report in time and to pass such other orders.2. The learned counsel appering for the petitioner would submit that the petitioner is an agriculture labour and a permanent resident of 2/9 https://www.mhc.tn.gov.in/judis CRL O.P. No.25642 of 2022Kottampattu Village and his son Pugazhendhi had a close nexus with his friends Sethu, Elumalai, Mani, Ajithkumar, Diwakaran and Lakshmanan and they used to roam around the village spots and and nearby places as such they are well connected and accompanying with the son of the petitioner by used to be livewire with the said Pugazhendhi all the day and all the time. While so, on 13.04.2022, the said Pugazhendi went from his mother-in-law's house at about 11 a.m. along with his friends spelled above, but he did not return home till 10 p.m., Since he did not turn up, even after the hours of late night, on 14.04.2022, the petitioner and his family members along with others started enquiry and searched for Pugazhendhi. But they were unable to trace out him. During the kind of intentional search, the petitioner could not find that friends of his son had acted indifferent and their faces were pale and with fear. They provided different explanations and narrations about the missing of his son. When his mother-in-law followed the said Sethu and on the said information, while reaching Chatrakulam, the said Sethu went to a particular spot without searching and doubtless, brought the shorts wore by Pugazhendhi. Without any call, he just stepped into the pond and 3/9 https://www.mhc.tn.gov.in/judis CRL O.P. No.25642 of 2022brought the body of the petitioner's son from a hide out place behind the thorns and shrubs located at left side of the stairs of pond. There were no searches made by him or his friends and they never acted in a manner searching the Pugazhendhi. They just got into the pond as if knowing and familiar with the spot, where from the body was pulled out. In sequence, the petitioner lodged a complaint with Sub-Inspector of Police attached with the 5th respondent on 14.04.2022 and the FIR was registered under Section 174(i) of Cr.P.C. in Cr. No.211 of 2022 and investigation also commenced. 2.1. After following the due procedures of identifying the body, inquest was also conducted and thereafter, the petitioner learnt that on 13.04.2022, particularly during that time, when the petitioner had seen his son at his home at 11 hours and he left out his home by 11.15 hours and after he felt that there was rain and he reached the automobile shop where he used to sit and accompany with his friends. Since there was rain, he was found sitting in the auto kept at the automobile shop. The said Nandhi Ari @ Nariyanthangal Ari, the friends were at inebriant 4/9 https://www.mhc.tn.gov.in/judis CRL O.P. No.25642 of 2022stage and there was a scuffle between the friends, It was resulted in altercation and assault. When the said Pugazhendhi interferred to settle down the issues, he was beaten up by those friends and they pushed down the Pugazhendhi to ground and assaulted him. In the result, he sustained injuries and fallen down as semi-constious. They had pulled his body along the banks of the Chatrakulam and thrown into waters. While grabbing the body of the Pugazhendhi, he was seen by one Sarala. Therefore, the petitioner has ample reasons to believe that the said friends should have been thoroughly investigated. But the 5th respondent just enquired about the incident and let them go freely without securing into custody and investigate them. Therefore, the present investigation agency have not investigated the case properly. Hence, the investigation has to be transferred to some other agency.3. The learned Additional Public Prosecutor appearing for the respondents would submit that based on the complaint given by the defacto complainant, matter was enquired and the FIR was registered and thereafter, inquest was also conducted and they also investigated the case and on information, they found that the deceased died by drowning in the 5/9 https://www.mhc.tn.gov.in/judis CRL O.P. No.25642 of 2022pond due to intoxication. They also filed final report before the Judicial Magistrate Court and the learned Magistrate also directed to issue notice to the petitioner and the same is also pending for further adjudication. Therefore, the transfer of investigation will not arise and the present petition is liable to be dismissed. They also filed Status report to that effect.4. This Court also heard both sides and perused the records.5. The main contention of the petitioner is that the respondent police have not investigated the case properly and they suppressed the material facts and filed final report without proper investigation. Therefore, the investigation has to be trasnferred to some other agency. 6. In this context, this Court also called for repot from the concerned Magistrate Court and the learned Magistrate also filed a report stating that the FIR has been registered and the same was pending before the learned Judicial Magistrate, Tirukoilur and later due to bifurcation, the case has been transferred to the file of learned District Munsif-cum-6/9 https://www.mhc.tn.gov.in/judis CRL O.P. No.25642 of 2022Judicial Magistrate, Thiruvennainallur. As per the report of the learned Magistrate, already investigation was completed and the case is now posted for filing objections by the petitioner in respect of the final report of the concerned police. Therefore, at this stage, the petitioner can agitate before the learned Magistrate in respect of the above said closure report and the learned Magistrate has to pass appropriate orders. After passing of appropriate orders, if the petitioner aggrieved by the order of the learned Magistrate, he can challenge the same in accordancew with law. Since the investigation was already completed and the same is pending before the concerned Magistrate, it is not appropriate to pass any order by this Court and the petitioner is at liberty to challenge the order, if any passed by the learned Magistrate in the manner known to law.7. With the above observations, the Criminal Original Petition is dismissed. No costs. 25.10.2024 index: Yes/NoInternet: Yes/No7/9 https://www.mhc.tn.gov.in/judis CRL O.P. No.25642 of 2022Speaking/Non Speaking ordermjs To1. The Metropolitan Magistrate, CCB/CBCID Court, Egmore, Chennai.2. The Public Prosecutor, High Court, Madras.3. The Director General of Police,Police Head Quarters,No.1, Radhakrishnan Salai, Mylapore,Chennai-600 004.4. The Superintendent of Police (CBCID),North Zone, Alandur Municipal Complex,Alandur, Chennai.5. The Deputy Superintendent of Police (CBCID),Villupuram,No.77, Boobalan Street, Vandimedu,Villupuram - 605 602.P.DHANABAL ,J mjs6. The Superintendent of Police,Villupuram, Villupuram District.7. The Inspector of Police,Argandanallur Police Station,Villupuram District.8/9 https://www.mhc.tn.gov.in/judis CRL O.P. No.25642 of 2022 CRL. O.P. No.25642 of 2022 25.10.20249/9
CRL O.P. No.25642 of 2022IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 25.10.2024CORAMThe Hon`ble Mr. Justice P.DHANABALCrl. O.P. No.25642 of 2022K. Krishnamoorthy S/o. Kannu Gounder ... Petitioner / Defacto Complainant.vs.1. The Director General of Police,Police Head Quarters,No.1, Radhakrishnan Salai, Mylapore,Chennai-600 004.2. The Superintendent of Police (CBCID),North Zone, Alandur Municipal Complex,Alandur, Chennai.3. The Deputy Superintendent of Police (CBCID),Villupuram,No.77, Boobalan Street, Vandimedu,Villupuram - 605 602.4. The Superintendent of Police,Villupuram, Villupuram District...1 to 4 Respondents / 3rd Parties5. The Inspector of Police,Argandanallur Police Station,Villupuram District. .... 5th Respondent / ComplainantPRAYER: The Criminal Original petition is filed under Section 482 of 1/9 https://www.mhc.tn.gov.in/judis CRL O.P. No.25642 of 2022Criminal Procedure Code to transfer the investigation of the case in Cr. No.211 of 2022 pending on the file of Aragandanallur Police Station, Villupuram District on the file of 3rd respondent (CBCID) or any other duly nominate officer as being mentioned by the 1st and 2nd respondents and to file final report in time.For petitioner:Mr. P.C. ThiyaguFor Respondents :Mrs. G.V. Kasthuri,Additional Public Prosecutor,High Court, Madras.ORDER This Criminal Original Petition is filed by the petitioner to transfer the investigation of the case in Cr. No.211 of 2022 pending on the file of the Aragandanallur Police Station, Villupuram District to the file of the 3rd respondent/CBCID or any other duly nominated officer as being monitored by the 1st and 2nd respondents and to file final report in time and to pass such other orders.2. The learned counsel appering for the petitioner would submit that the petitioner is an agriculture labour and a permanent resident of 2/9 https://www.mhc.tn.gov.in/judis CRL O.P. No.25642 of 2022Kottampattu Village and his son Pugazhendhi had a close nexus with his friends Sethu, Elumalai, Mani, Ajithkumar, Diwakaran and Lakshmanan and they used to roam around the village spots and and nearby places as such they are well connected and accompanying with the son of the petitioner by used to be livewire with the said Pugazhendhi all the day and all the time. While so, on 13.04.2022, the said Pugazhendi went from his mother-in-law's house at about 11 a.m. along with his friends spelled above, but he did not return home till 10 p.m., Since he did not turn up, even after the hours of late night, on 14.04.2022, the petitioner and his family members along with others started enquiry and searched for Pugazhendhi. But they were unable to trace out him. During the kind of intentional search, the petitioner could not find that friends of his son had acted indifferent and their faces were pale and with fear. They provided different explanations and narrations about the missing of his son. When his mother-in-law followed the said Sethu and on the said information, while reaching Chatrakulam, the said Sethu went to a particular spot without searching and doubtless, brought the shorts wore by Pugazhendhi. Without any call, he just stepped into the pond and 3/9 https://www.mhc.tn.gov.in/judis CRL O.P. No.25642 of 2022brought the body of the petitioner's son from a hide out place behind the thorns and shrubs located at left side of the stairs of pond. There were no searches made by him or his friends and they never acted in a manner searching the Pugazhendhi. They just got into the pond as if knowing and familiar with the spot, where from the body was pulled out. In sequence, the petitioner lodged a complaint with Sub-Inspector of Police attached with the 5th respondent on 14.04.2022 and the FIR was registered under Section 174(i) of Cr.P.C. in Cr. No.211 of 2022 and investigation also commenced. 2.1. After following the due procedures of identifying the body, inquest was also conducted and thereafter, the petitioner learnt that on 13.04.2022, particularly during that time, when the petitioner had seen his son at his home at 11 hours and he left out his home by 11.15 hours and after he felt that there was rain and he reached the automobile shop where he used to sit and accompany with his friends. Since there was rain, he was found sitting in the auto kept at the automobile shop. The said Nandhi Ari @ Nariyanthangal Ari, the friends were at inebriant 4/9 https://www.mhc.tn.gov.in/judis CRL O.P. No.25642 of 2022stage and there was a scuffle between the friends, It was resulted in altercation and assault. When the said Pugazhendhi interferred to settle down the issues, he was beaten up by those friends and they pushed down the Pugazhendhi to ground and assaulted him. In the result, he sustained injuries and fallen down as semi-constious. They had pulled his body along the banks of the Chatrakulam and thrown into waters. While grabbing the body of the Pugazhendhi, he was seen by one Sarala. Therefore, the petitioner has ample reasons to believe that the said friends should have been thoroughly investigated. But the 5th respondent just enquired about the incident and let them go freely without securing into custody and investigate them. Therefore, the present investigation agency have not investigated the case properly. Hence, the investigation has to be transferred to some other agency.3. The learned Additional Public Prosecutor appearing for the respondents would submit that based on the complaint given by the defacto complainant, matter was enquired and the FIR was registered and thereafter, inquest was also conducted and they also investigated the case and on information, they found that the deceased died by drowning in the 5/9 https://www.mhc.tn.gov.in/judis CRL O.P. No.25642 of 2022pond due to intoxication. They also filed final report before the Judicial Magistrate Court and the learned Magistrate also directed to issue notice to the petitioner and the same is also pending for further adjudication. Therefore, the transfer of investigation will not arise and the present petition is liable to be dismissed. They also filed Status report to that effect.4. This Court also heard both sides and perused the records.5. The main contention of the petitioner is that the respondent police have not investigated the case properly and they suppressed the material facts and filed final report without proper investigation. Therefore, the investigation has to be trasnferred to some other agency. 6. In this context, this Court also called for repot from the concerned Magistrate Court and the learned Magistrate also filed a report stating that the FIR has been registered and the same was pending before the learned Judicial Magistrate, Tirukoilur and later due to bifurcation, the case has been transferred to the file of learned District Munsif-cum-6/9 https://www.mhc.tn.gov.in/judis CRL O.P. No.25642 of 2022Judicial Magistrate, Thiruvennainallur. As per the report of the learned Magistrate, already investigation was completed and the case is now posted for filing objections by the petitioner in respect of the final report of the concerned police. Therefore, at this stage, the petitioner can agitate before the learned Magistrate in respect of the above said closure report and the learned Magistrate has to pass appropriate orders. After passing of appropriate orders, if the petitioner aggrieved by the order of the learned Magistrate, he can challenge the same in accordancew with law. Since the investigation was already completed and the same is pending before the concerned Magistrate, it is not appropriate to pass any order by this Court and the petitioner is at liberty to challenge the order, if any passed by the learned Magistrate in the manner known to law.7. With the above observations, the Criminal Original Petition is dismissed. No costs. 25.10.2024 index: Yes/NoInternet: Yes/No7/9 https://www.mhc.tn.gov.in/judis CRL O.P. No.25642 of 2022Speaking/Non Speaking ordermjs To1. The Metropolitan Magistrate, CCB/CBCID Court, Egmore, Chennai.2. The Public Prosecutor, High Court, Madras.3. The Director General of Police,Police Head Quarters,No.1, Radhakrishnan Salai, Mylapore,Chennai-600 004.4. The Superintendent of Police (CBCID),North Zone, Alandur Municipal Complex,Alandur, Chennai.5. The Deputy Superintendent of Police (CBCID),Villupuram,No.77, Boobalan Street, Vandimedu,Villupuram - 605 602.P.DHANABAL ,J mjs6. The Superintendent of Police,Villupuram, Villupuram District.7. The Inspector of Police,Argandanallur Police Station,Villupuram District.8/9 https://www.mhc.tn.gov.in/judis CRL O.P. No.25642 of 2022 CRL. O.P. No.25642 of 2022 25.10.20249/9