M.NITHISKUMAR Vs. INSPECTOR GENERAL OF POLICE

JUDGEMENT

(1.) This petition has been filed seeking direction to the first respondent to transfer of investigation in Crime No.238 of 2020 on the file of the Inspector of Police, Devipattinam Police Station, Ramanathapuram District to some other agency.

(2.) The learned counsel appearing for the petitioner would submit that on 05.05.2020, during the time of occurrence, one Paulraj and his friend Abdullah came to the occurrence place and abused the petitioner with filthy language. Thereafter, the said Paulraj took the knife and stabbed the petitioner on his left neck. Again, the said Paulraj tried to stab on the chest of the petitioner, for which, the petitioner was wounded in his hand and tried to protect himself. The said occurrence was seen by one Uthumankani and started shouting and tried to help the petitioner. Immediately, the said Uthumankani intimated the occurrence to the police and the parents of the petitioner and also, he admitted the petitioner in the Government Hospital, Ramanathapuram. In this regard, a case has been registered against Paulraj and others. During the time of investigation, the fourth respondent police herein suo motu recorded the statement of Uthumankani without any enquiry. Hence, it is necessary to transfer the investigation from the hands of the fourth respondent to some other agency.

(3.) The learned Additional Public Prosecutor would submit that on the date of occurrence, a case has been registered in Crime No.238 of 2020 for the offences under Sections 294(b) , 324 and 506(ii) of IPC. He would further submit that after getting discharge from the hospital, the wound certificate of the petitioner has not been received by the Investigating Agency. If the details of the wound certificate reflects that the petitioner sustained grievous injury, the fourth respondent is ready to alter the charge in the final report.