P CHINNASAMY Vs. STATE

JUDGEMENT

(1.) THE petitioner seeks for a direction to transfer the investigation of the case in Crime No,202 of 2007, pending on the file of the respondent herein, to any other competent police officer.

(2.) BASED on the complaint, dated 01.11.2007, lodged by the petitioner, a councilor representing 5th ward of Pongalur Panchayat Union, with the allegation that he participated in a peaceful agitation called for by the political party to which he is affiliated to and enraged at that, the accused, who is an MLA belonging to rival political party, came to the office of the petitioner along with some unidentified persons and abused him in filthy language and also threatened him with dire consequences a case in Crime No,202 of 2007 came to be registered against the accused under Sections 147 and 506 (ii) IPC. read with Sec.3(1)(X) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 and now, it is reported that, after completion of the investigation, the case has been closed as 'mistake of fact'.

(3.) I have perused the materials available on record and carefully considered the submissions made on either side. The Investigating Officer, after registration of the case, took up investigation, examined the witnesses and collected materials and ultimately, by concluding the case as mistake of fact, filed final report. The correctness of such conclusion arrived at by the Investigating Officer cannot be gone into by this Court. The petitioners may be having wealth of materials to substantiate the allegations against the accused and if so, they are always at liberty to adduce the same before the Judicial Magistrate concerned by way of filing private complaint. In that view of the matter, the Criminal Original Petition is dismissed with liberty to the petitioner to approach appropriate forum by filing private complaint, if he is so advised. Since it is stated that so far, the petitioner has not been furnished with refer notice/copy of the charge sheet, the respondents are hereby directed to serve the same to the petitioner within a period of two weeks from the date of receipt of copy of this order, if such notice/copy of the charge sheet is not furnished to him already.