HASAN AMMAL Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) THIS petition has been filed by the petitioner/aggrieved person seeking for the withdrawal of the case in Crime No.391 of 2006 on the file of the third respondent and to entrust the same to the fourth respondent/C.B.I. for investigation and to file the final report.

(2.) THE brief facts stated by the petitioner are as follows as in the petition:

(3.) THE reasons stated for by the petitioner are briefly stated as follows: THE petitioner is working as a Head Constable in the Police Department. THE petitioner was wrongly implicated in the case registered at Aaralvoimozhi Police Station for safeguarding some police personnel. THE third respondent CBCID recorded some statements by falsely implicating some of the police officers to help their own subordinates and they helped them to escape from the liability. In the meantime, one S.J.S.Thiruselvam has filed Crl.O.P(MD)No.3854 of 2007 praying to hand over the investigation to the Sub Divisional Magistrate cum Revenue Divisional Officer, Padmanabhapuram for conducting enquiry as per Police Standing Order 151. After hearing both sides, this Court has allowed the petition and directed the first respondent therein to entrust the investigation to the Sub-Divisional Magistrate cum Revenue Divisional Officer, Padmanabhapuram. Despite the order passed by this Court, the first respondent had failed to obey the same. Hence, this petition seeking for a direction to the third respondent police to implement the order passed by this Court in Crl.O.P(MD)No.3854 of 2007 dated 25.04.2007 and also to direct the third respondent to hand over the investigation in Crime No.391 of 2006 to the Central Bureau of Investigation or to any other Investigating Agency. Crl.O.P(MD)No.12376 of 2007: