C ANANDAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner has filed the Criminal Original Petition to transfer the case in crime No. 1039 of 2007 from the file of the third respondent to CBCID for a fair and impartial investigation in the interest of Justice.

(2.) THE petitioner has stated in his petition that he is residing at No 18, perumal Koil Street, Pallikuppam, Chennai 77. He left his house for work. His wife, a three month pregnant women, was alone at home. Due to Morning sickness, she was taking rest inside the House. She suddenly woke up to see the house on fire. When she came out of the house, she saw Raghu, Suresh, Pandian and Murugan running after setting the house on fire. The petitioner lodged a complaint with the third respondent and narrated the said incident stating that the said Raghu and his accomplice were the persons who caused the fire. Further, there is also a civil dispute between the petitioner and the said Raghu. As alleged in the complaint, he had lost property worth Rs. 6 lakhs. The third respondent, without implicating the above said culprit and forced him to register the complaint as an act of God. Further, the third respondent told the petitioner that nothing could be done on the said incident. The above said Raghu and his accomplice were seen fleeing away from his house after setting the house on fire and the eyewitnesses have pinpointed them for the cause of fire. Further, the petitioner apprehends that he may not get justice from the hands of the respondent. Further, the said Raghu and his mother had trespassed into his property, for which the petitioner lodged a complaint before the third respondent police on 06. 06. 2007. No proper action was taken on the said complaint.

(3.) FURTHER, the third respondent is acting in a predetermined manner in favour of the culprit Raghu. As such, the investigation of the case by third respondent is not in a fair manner and hence the petitioner seeks transfer of the case.