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Judgment
G. Rajasuria, J.—This petition has been filed to transfer the investigation in Cr. No. 187 of 2009 on the file of the sixth Respondent to the seventh Respondent and consequently, direct them to investigate and file a final report.
Heard both sides.
A summation and summarisation of the relevant facts which are absolutely necessary and germane for the disposal of this petition would run thus :
The police registered a case in Cr. No. 187 of 2009 initially u/s 174 Code of Criminal Procedure on the ground that two youngsters were found dead with burn injuries. According to the learned Government Advocate (Criminal Side), the police is probing into the mater. Meanwhile, the father of the one of the deceased filed this petition for ordering change of investigation.
The learned Counsel for the Petitioner would detail and delineate that the two youngsters were burnt alive by some miscreants, but the police has not even chosen to alter the F.I.R into one u/s 302 I.P.C, even though the F.I.R was registered as early as on 09.12.2009 and that there is no progress in the investigation.
The learned Government Advocate (Criminal Side) would submit that they are awaiting for the Chemical Analysis report.
The submission of the learned Counsel for the Petitioner is that those two youngsters went to Trichy from Nachikurichi village to purchase some grocery items; that after despatching the grocery items, they did not return to that village; that the relatives of the deceased were apprehensive; that while so, it so happened that the police registered a case in Cr. No. 187 of 2009 consequent upon the complaint lodged by the Assistant in Sengeipatti Veterinary Hospital, to the effect that two burnt dead bodies were found at the back side of the said hospital; that on coming to know of the same, the relatives went there and identified the dead bodies as that of the said two missing youngsters.
It appears that the grievance of the Petitioner herein is genuine because the incident is alleged to have taken place in a portion of the hospital.
I am at loss to understand as to why the police so far has not made any break through in the investigation. Taking into account the seriousness of the case, I am of the view that this is a fit case for ordering transfer of the investigation to C.B.C.I.D. Accordingly, the case in Cr. No. 187 of 2009 on the file of the sixth Respondent is transferred to the C.B.C.I.D. and the Superintendent of Police concerned shall see to it that the case in Cr. No. 187 of 2009 is entrusted to a Police Officer under his control who shall investigate into the matter in accordance with law.
With the above direction, this petition is disposed of.