D SIVASANKARAN Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) MR. P. Rathinam, learned counsel for the petitioner submits that the petitioner has come forward with this petition seeking for the relief of direction to the 6th respondent to take over the investigation of the cases in Crime Nos.8, 9, 10 and 11 of 2007 on the file of the fifth respondent and Crime No.6 of 2007 on the file of the Valangaiman Police Station, Tiruvarur District to conduct fair and impartial investigation.

(2.) THE learned counsel for the petitioner further submits that the petitioner has also filed seven miscellaneous petitions in the main criminal original petition namely M.P.Nos.1 to 7 of 2007. Learned counsel for the petitioner submits that in M.P.No.1 of 2007, it is prayed for stay of investigation of the cases in Crime Nos.8, 9, 10 and 11 of 2007, pending on the file of the fifth respondent. In M.P.No.2 of 2007, the prayer made by the petitioner is for a direction to the respondents 1 to 5 to provide adequate security to the life of the petitioner and his family members. In M.P.No.3 of 2007, the prayer made by the petitioner is for a direction to the first respondent to pay to the petitioner a sum of Rs.5 lakhs as an interim measure of compensation towards the loss of properties suffered by him and his family members. In M.P.No.4 of 2007, the prayer made by the petitioner is for a direction to the first respondent to furnish before this Court a list of police officers with independence and integrity to take over the investigation of the cases in Crime Nos.8, 9, 10 and 11 of 2007 on the file of the fifth respondent and Crime No.6 of 2007 on the file of the Valangaiman Police Station, Tiruvarur District as an interim measure. In M.P.No.5 of 2007, the prayer of the petitioner is to direct the fifth respondent to register a First Information Report on the basis of the complaint dated 19.01.2007. In M.P.No.6 of 2007, the prayer of the petitioner is to direct the fifth respondent to register a First Information Report on the basis of the complaint made by the petitioner's mother, Padmavathy, dated 20.01.2007. In M.P.No.7 of 2007, the prayer of the petitioner is to permit the petitioner to delete the Crime No.6 of 2007 on the file of the Valangaiman Police Station, Tiruvarur District in the main Crl.O.P.No.17933 of 2007.

(3.) LEARNED counsel for the petitioner contended that the petitioner has been falsely implicated in a case of double murder, which is said to have been taken place on 14.01.2007. The learned counsel for the petitioner further contended that the petitioner's family is also owning certain establishments such as iron scrap shop, a commercial complex consisting of a marriage hall, a two wheeler show room, under the name and style of Dhanam Autos, Balan Water Service Centre, Balan Construction, a gym and the Advocate office of the petitioner is also functioning in the same commercial complex. It is also submitted by the learned counsel for the petitioner that on 14.01.2007 at about 2.30 p.m., when the petitioner was having his lunch at his brother's house at Atthikadai in Kudavasal, he came to know that one Muthu, M.R. Arasankovan, M.R. Thenkovan and others came to their shop in a Tata Sumo van and damaged the materials in the shop and also assaulted the inmates. Thereafter, the petitioner informed the fifth respondent police over the phone, but the petitioner was requested to come in person and prefer a complaint, on the ground that the Police Station is not having sufficient strength to send a team to the troubled spot. It is submitted that thereafter, the petitioner went to his shop in a motorbike and found a mob sitting inside and around the spot a Tata Sumo Van bearing registration No.TN 01 S-9499 was parked in front of his shop. The said mob threatened the petitioner with dire consequences and as a result the petitioner started to run from the scene and he was chased by the mob. It is also submitted that one Thenkovan threw an aruval on the petitioner and the same caused injury on the right leg of the petitioner. One Senthil cut the petitioner on his right side head, one Muthu cut the petitioner on his back and one Sundar caused injury on his right hand with aruval. It is also further submitted by the learned counsel for the petitioner that the petitioner was also assaulted by other persons who were assembled in the spot. When the driver of the petitioner one Elangovan came to the rescue of the petitioner, he was also assaulted and attacked by the mob and sustained injury. The mob also attempted to attack one Gloria Mary, who is working in the Advocate's office. It is submitted by the learned counsel for the petitioner that the petitioner was continuously and indiscriminately attacked with the weapons by the said mob and as a result the petitioner opened a fire in the air and even then the mob continued to attack him. As there is a threat to his life, the petitioner is left with no other alternative and ultimately fired at the said mob with a view to save his life, which resulted in the death of two persons, namely Senthilkumar and Thamizh and three persons sustained injuries.