M R BABU Vs. STATE

JUDGEMENT

(1.) THIS petition has been filed under Section 482 Cr.P.C for a direction to transfer the investigation of the case registered in Cr.No.418 of 2007 on the file of Manavala Nagar Police Station, Tiruvallur District to the file of the Inspector of Police, CBCID, Tiruvallur.

(2.) THE above said case was initially registered for alleged offences punishable under Section 279 and 337 IPC based on the information furnished by one Kumar, an auto-rickshaw driver to the effect that the deceased was found lying with injuries on the road side along with his motorcycle bearing Regn.No.TN-04 V-6672; that he suspected that some unidentified vehicle could have hit him and caused the injuries or that the deceased himself could have dashed his motorcycle against another motor vehicle and that he was able to find out the name and particulars of the deceased from the address found in his money purse when the deceased was admitted in the Government hospital, Tiruvallur for treatment. THE said case was registered at 10.00 p.m on 14.11.2007. THE occurrence is said to have taken place at about 8.00 p.m on the same date. THE deceased B.Dinesh Kumar, after having referred to and admitted in the Government General Hospital, Chennai for better management, succumbed to the injuries at 1.30 hours (a.m) on 15.11.2007 without regaining consciousness. On receipt of the intimation regarding his death, the case was altered into one for an offence punishable under Section 304-A IPC and an alteration report prepared for that purpose was sent to the jurisdictional Magistrate on 15.11.2007 itself.

(3.) THE respondent herein has filed a counter affidavit simply re-stating what has been incorporated in the petition and narrating the way in which the case was registered and altered after receiving the death intimation from the Government General Hospital, Chennai. He has also stated in the counter affidavit that before the death of the deceased Dinesh Kumar, four persons were examined on 14.11.2007 itself and after the death of the deceased three more persons were examined on 15.11.2007. THE respondent even before the submission of a final report has taken a stand in the counter affidavit that the death was not a murder as contended by the petitioner and that the rough sketch prepared by the police at the place of occurrence, the examination of the motor-cycle of the deceased and the medical report would be enough to conclusively arrive at a conclusion that the death of the deceased was not a murder and it was only an accident. It was also contended in the said counter affidavit that on 15.11.2007 when the petitioner was examined, neither the petitioner nor the friends of the deceased gave any statement to the effect that the death of the deceased Dinesh Kumar could be a murder. Based on the above said contentions, the respondent submitted that the investigation of the case was so far conducted in a fair and unbiased manner and that therefore, the plea for change of investigating officer should be rejected as untenable.