V P KUPPURAO Vs. DIRECTOR GENERAL OF POLICE

JUDGEMENT

(1.) All these petitions have been filed under Section 482 Cr.P.C seeking orders directing the transfer of the investigation in Cr. Nos. 17 of 2007 to 22 of 2007 registered on the file of District Crime Branch, Vellore against the then Superintendent of Police, Vellore District and Deputy Superintendent of Police, Vellore Sub-Division to the Central Bureau of Investigation. All the above said cases were registered based on the complaint of V.P. Kuppu Rao, a retired Inspector of Police, who is the petitioner in all these petitions.

(2.) The crux of the allegation made in each one of the criminal cases, investigation of which is sought to be transferred to Central Bureau of Investigation, is that the concerned police officer (Superintendent of Police/Deputy Superintendent of Police) committed wilful negligence in discharge of his duties in the registration and investigation of the cases based on the complaint of the Petitioner alleging commission of offences of atrocities on a member of a scheduled caste, punishable under the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. All the above said cases were registered based on the orders of the learned Chief Judicial Magistrate/Judicial Magistrate based on the private complaint preferred by the petitioner herein, directing registration and investigation of cases based on the complaints.

(3.) Cr. No. 17 of 2007 was registered for alleged offences under Sections 221, 218, 119, 166, 167, 466 IPC and 154(1) and 2(1)(2) of Cr.P.C along with offences punishable under Sections 3(ii)(v) and (vii) and Section 4 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and also an offence punishable under Section 10 of the Protection of Civil Rights Act, 1955. The sole accused therein is one Mr. Pattabi, who was the then Deputy Superintendent of Police, Vellore Sub-division at the time of alleged occurrence who had been transferred and functioning as Deputy Superintendent of Police, Katpadi at the time of registration of the case on 4.7.2007.