T.UDAYASANKAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS Writ Petition at the instance of the accused in Crime No.868 of 2010 on the file of Kottar Police Station and transferred to the file of CBCID Police, Nagercoil, seeks a Writ of Mandamus, directing the State of Tamil Nadu to withdraw the investigation from the file of fifth respondent and to entrust the same to any other Inspector of Police.

(2.) THE petitioner is stated to be a Sub-Inspector of Police now posted at Karur. The petitioner earlier functioned as Sub-Inspector of Police in Special Branch, CID, Kanyakumari District, during the year 2008. The brother of the petitioner Thiru.T.Udayakumar is a leading legal practitioner at Nagercoil. The brother of the petitioner and late S.Sadasivam, Irulappapuram had a long standing enmity in connection with the management and administration of NMS Kamaraj Polytechnic and Educational College, Pazhavilai, Kanyakumari District. Thiru.Bharath Singh, s/o.Sadasivam earlier filed a false complaint against the petitioner and the same was referred as mistake of fact by Kottar Police. Similarly, another case in Crime No.91 of 2009 was registered by Rajakamangalam police against the petitioner and his brother on the basis of a complaint preferred by a close relative of Mr.Sadasivam. The said case was also closed as mistake of fact. Subsequently, another case in Crime No.653 of 2010 was registered by Kottar Police. There was an attempt to implicate the petitioner and his brother in the said case. However, the police filed a final report without implicating the petitioner.

(3.) WHILE so, the brother of the deceased filed a Criminal Original Petition before this Court in Crl.O.P.(MD)No.8151 of 2010 praying for transfer of investigation from the file of Kottar Police Station. The Criminal Original Petition was allowed by this Court on 03 September, 2010 and accordingly, investigation was transferred to the CBCID Police Branch at Nagercoil. The investigation was taken up by the fifth respondent.