K R N BALAMURUGAN Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) The petitioner/complainant in Cr.No.260/2002 on the file of Kannivadi Police Station, now pending with the 4th respondent, not satisfied with the investigation, filed this application, for transfer of the case to C.B.C.I.D., Chennai, for further investigation.

(2.) The petitioner claims that he is the owner of 4.36 acres in Survey No.62/1 and 7.46 acres in Survey No.64, situated at Chattirapatti Village, under a registered sale deed dated 31.7.1996. When the petitioner made preparation for obtaining a bank loan, by mortgaging the above said properties, he came to know that one Sahayanathan had sold a part of the properties as also 7/8th share in the well on the land, as if the properties were sold to him by the petitioner for Rs.1.79 lakhs on 12.7.2001. The sale deed dated 12.7. 2001 is a forged document, since the petitioner had not even seen Sahayanathan, nor did he sell the properties in his favour on 12.7.2001. Thus, having noticed a forged document, in respect of his properties, he preferred a complaint to the police and after persuasion or direction, a case was registered in Cr.No.260/2002 by Kannivadi Police Station, under Sections 363, 384, 419, 420, 465 and 471 I.P.C., which is being investigated by the fourth respondent. The accused in the said crime number are influential persons and the petitioner may not get proper justice, if the investigation is conducted by the 4th respondent. Thus apprehending, this petition is filed for transfer of investigation from 4th respondent to C.B.C.I.D, Chennai, for the purpose of impartial investigation and to file a final report.

(3.) The petition for transferring the investigation is opposed on various grounds.