A EZHUMALAI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The de-facto complainant in a case registered as Crime No.159/2007 for alleged offences punishable under Sections 147, 364, 302 IPC r/w Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 on the file of Brammadesam Police Station, Villupuram District is the petitioner herein. The present petition has been filed under Section 482 Cr.P.C. seeking transfer of investigation of the said case to Central Bureau of Investigation and a direction to the Joint Director, Central Bureau of Investigation, Nungambakkam, Chennai shown as the 6th respondent to take over the investigation of the said case from the Station House Officer of Brammadesam Police Station, Villpuram District.

(2.) The averments of the petitioner, in brief, are as follows:- a) The petitioner herein/de-facto complainant belongs to Scheduled Caste. He had got a daughter by name Sujatha and a son by name Raja. Raja studied upto 9th Standard and of late he was employed at Velachery in Chennai. He developed a love affair with one Sudha, daughter of Govindasamy Gounder of Kalur village, who belongs to a Most Backward Community. Pursuant to the said love affair, the said Sudha eloped with Raja on 04.04.2007. Thereafter, the father of Sudha and his men went to the residence of the petitioner/de-facto complainant and asked Sujatha, the daughter of the petitioner regarding the whereabouts of Raja for which her reply was that he had gone to work. They caused intimidation by stating that they would murder Raja if he would not return on the said night itself. Thereafter, Govindasamy Gounder along with his relatives including one Devaraj, the President of Manur Panchayat, went to the house of Velayudham, the sister's son of the petitioner in a Tata Sumo car and an Ambassador car. They forcibly pushed Velayudham into the Tata Sumo car and proceeded towards Chennai in search of Raja and Sudha. They made a search at the residence of Renu Selvi, sister of Velayudham where they could not find either Raja or Sudha. They made enquiries at various places in Chennai and at last they were able to find Raja and Sudha taking lunch in the house of Sakthivelu in Thiruverkadu at about 12.00 noon on 05.04.2007. The mob caught hold of Sudha and forcibly took her in the said car from the said place. Raja was found running behind the vehicle in which Sudha was taken. Some of the relatives of Sudha came there in seven motorcycles and enquired with the inmates of the said car about the whereabouts of Raja. One of the inmates of the car by name Arivoli informed them that Raja was running after the vehicle and ordered them to kill Raja. Thereafter those persons who came by the motorcycles and the Ambassador car took Raja in the said Ambassador car. The mob dropped Sudha at the house of Arivoli in Tindivanam and Velayudham at Manur-Marakkanam road.

(3.) The fourth respondent, namely the Deputy Superintendent of Police, Tindivanam sub-division, Villupuram District alone has filed a counter. Besides stating the fact that the case was registered in Crime No.159/2007 on the file of Brammadesam Police Station for offences under Sections 147, 364, 302 IPC r/w Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and the brief contents of the complaint of the petitioner based on which the said case was registered, the following contentions were raised in the said counter:-