R. SIVA KUMAR Vs. THE COMMISSIONER OF POLICE

JUDGEMENT

(1.) This petition is filed to transfer the investigation in Cr.No.18 of 2016 from the file of the first respondent to the fourth respondent or any other independent agency for a fair and impartial investigation.

(2.) Heard the learned counsel for the petitioner as well as the learned State Public Prosecutor appearing on behalf of the respondents.

(3.) The learned counsel for the petitioner submitted that the petitioner's father died leaving behind several properties to his legal heirs and that the petitioner is one among them. The other four legal heirs have joined together and executed a release deed in favour of one R.Udayakumar stating that they are the only legal heirs of the petitioner's father and that the release deed is for ?th share in the property. In view of the same, the petitioner as a legal heir of his father was suppressed. The learned counsel for the petitioner further submitted that the releasee R.Udayakumar is a Deputy Superintendent of Police, E.O.W., Villupuram. In this background, the petitioner had given a complaint against R.Udayakumar and other brothers on 01.06.2015 which was perfunctorily closed as civil in nature on 15.06.2015. Since the named person in the FIR, R.Udayakumar was the Deputy Superintendent of Police, E.O.W., Villupuram, the petitioner had filed Crl.O.P.No.16804 of 2015 seeking for a direction to the respondents to register a case on the petitioner's complaint dated 01.06.2015 and to investigate the same and file a report. This Court by an order dated 08.07.2015 had directed the Deputy Commissioner of Police, in-charge of Central Crime Branch, Team- 17, Chennai to conduct further enquiry in respect of the complaint given by the petitioner.