S GNANASEKARAN Vs. STATE

JUDGEMENT

(1.) CRL. O. P. 4623 of 2004 has been filed to quash the final report filed against the petitioner by the respondent which is pending as PRC. No:24 of 2003 on the file of the Judicial Magistrate NO. II, Mannargudi.

(2.) CRL. O. P. NO: 4653 of 2004 has been filed to transfer the investigation to the second respondent i. e. , Superintendent of Police, Special Branch, CBI, Chennai for an independent, impartial investigation of PRC NO. 24 of 2003.

(3.) BRIEF facts of the case are as follows:-The first respondent filed a final report bearing No. 1 of 2003 before the learned Judicial Magistrate No. II, Mannargudi against the petitioner and two others for alleged offences under sections 302, r/w 109 and 34 and Section 307 r/w. 109, 34 of IPC and Section 25, Section 25 (1-B) r/w. Sec. 4 and G. O. No. 36 Home (BOL), dated 14. 2. 1981 of the Arms Act, on the allegation that A-1 and A-2 attacked one Radhakrishnan and his wife Mrs. Pugalmangai with Velstick and Aruval respectively on 13. 1. 2002 at about 5. 30 p. m. , caused injuries to them and Radhakrishnan succumbed to the injuries on 15. 1. 2002 at 2. 10 pm. , while he was under treatment at Thanjavur Medical College Hospital. According to the petitioner he was implicated belatedly as A-3 due to political enmity on the ground that he provided Aruval to A-2 and instigated him to attack the deceased. The final report dated 17. 7. 2003 filed by the first respondent has been taken cognizance by the Judicial Magistrate No. II, Mannargudi in PRC. No. 24 of 2003 and issued process to the accused. The wife of deceased filed Crl. O. P. No:4713 of 2002 and Crl. MP. No. 2423 of 2003 before this court for a direction to direct the Director General Of Police to appoint an Officer who is having a clean record of service as well as a person who does not belong to Thanjavur or Nagapattinam Districts. In the said petition it has been contended by the wife of the deceased that the respondents 1 to 3 i. e. , (1) Inspector of Police of Paravakottai Police Station, (2) Inspector of Police, district Crime Branch, Thiruvarur (3) Deputy superintendent of Police, Mannargudi, had acted in a partisan manner and they have not recorded the statement of the petitioner property and deliberately omitted the name of Gnanasekaran, A-3. After contest this court passed an order directing the Director General of Police to name a Police Officer in the rank of Deputy Superintendent of Police, who is not a native of either Thanjavur or Nagapattinam District to further investigate the case with regard to the involvement of the petitioner herein by examining the case diary and examine the persons who participated in the meeting at Kodavasal on 13. 1. 2002 and whether the petitoner was present at Kodavasal or not at the relevant point of time and based upon the recorded materials file a final report before the Learned Magistrate.