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Judgment
M. Chockalingam, J.—This Criminal Original Petition has been brought forth seeking transfer of the investigation of the Cr.No.6/2005 on
the file of the 2nd respondent to some other competent Police Agency.
Admittedly, the husband of the petitioner of the petitioner Vasu @ Thiruvarangam was found dead on 18.2.2005. On coming to know about the
same, the petitioner went over there and saw the dead body of her husband with bleeding injuries in the private part and apart from that swelling on
the different parts of the body and the petitioner gave a oral complaint to the 2nd respondent police, who registered a case u/s 174 Cr.P.C. and
the investigation is on.
The grievance of the petitioner is that there was a civil dispute between her, husband and one Durai @ Muthukumaran and the matter is pending
before the civil court and that on 17.2.2005 at the late hours in the night said Durai accompanied by a few persons came to the house and
threatened with dire consequences and on the next day evening, this occurrence had taken place and even though the matter was brought to the
notice of the police, a case was not registered against those accused, but, a case was registered u/s 174 Cr.PC and the investigation is now on.
Under such circumstances, the petitioner apprehends that fair and proper investigation would not be done by the 2nd respondent police and hence,
the matter has got to be transferred to some other investigation agency to unfold the truth of the matter.
In answer to the above contentions, the learned counsel for the State would submit that pursuant to the registration of the case u/s 174 Cr.PC,
postmortem was conducted by the Doctor, but, no injuries were found on the body. Hence, it was not a case of murder. Further, he would add
that the Revenue Divisional officer concerned ordered for re-post-mortem of the body.
In such circumstances, after hearing both sides, this court is of the considered opinion that it is a fit case, where reinvestigation has got to be
ordered by the competent agency. When a oral complaint was made by the petitioner herein, speaking about the act and conduct of the opposite
party, it was not taken into account by the 2nd respondent Police and apart from that, when the petitioner has come forward to state that she saw
the body with bleeding injuries and swelling on the different parts of body, it could easily be inferred that it was a case, where investigation should
have been done properly and in a fair manner, but it has not been done so. But, at this juncture, it is brought to the notice of this court by the 2nd
respondent Police of this court by the 2nd respondent Police on behalf of the 1st respondent that no injuries were found on the body of the
deceased and the Revenue Divisional Officer concerned ordered re-postmortem and it would be indicative of the fact that a fair and proper
investigation in the case was not done and hence, reinvestigation has got to be necessarily ordered and the interest of justice would also require the
same. Hence, the 2nd respondent police is directed to stop the investigation and hand over the CD File to the 3rd respondent for a proper and
unbiased investigation and the 3rd. respondent on receipt of the CD File is directed to proceed, with the investigation and file a final report as
expeditiously as possible.
With the above directions, this Criminal Original Petition is disposed of. Consequently, the connected Crl. MPs are closed.