VIJAYA Vs. STATE

JUDGEMENT

(1.) THIS petition has been filed by the mother of the deceased praying for the change of the investigating agency in respect of Crime.No.1000/2007 on the file of Jolarpet Police Station, Vellore District. The said case was registered pursuant to the information furnished to the police that a dead body of a male aged about 35 years was found in decomposed stage. Later the deceased was identified to be the son of the petitioner herein. Complaining that the 2nd respondent has falsely implicated the relatives of the petitioner leaving out the respondents 3 to 5 herein, the real culprit according to the petitioner, for the reason that the petitioner was presenting complaints to the Superintendent of Police against the 2nd respondent, the petitioner has prayed for the change of the investigating agency.

(2.) THE submissions made by Mr.Jeevagiridharan, learned counsel for the petitioner and Mr.I.Paul Nobel Devakumar, learned Government Advocate (Crl. Side) representing the respondents 1 and 2 (Police) were heard. So far as the respondents 3 to 5 are concerned, at this stage no notice need be given to them and hence notice to them has been Dispensed With.

(3.) ADMITTEDLY, the case is now pending on the file of the Additional District and Sessions Judge (Fast Track Court), Tirupattur as SC.No.34/2009 and the trial in the said case has already begun. As the investigation has already been completed and the trial court has started trial of the case after the case was committed to the court of session, this court has to accept the contention of the learned Government Advocate (Crl.Side) that the petition seeking transfer of the investigating agency has become infructuous. The the next question to be considered is whether the interest of justice requires at least a direction to conduct a further investigation or denovo investigation by an independent agency. Upon considering the records, this court is of the considered view that the petitioner has not made out any case of miscarriage of justice. The petitioner has chosen to prefer this petition for transfer of investigating agency on mere suspicion that the respondents 3 to 5 could have caused the death of the deceased. No Material has been placed in support of her contention that the investigation was not properly done and that her relatives were implicated falsely and without any basis. Sufficient material have been collected by the investigating agency to implicate the persons who are now facing trial before the trial court. As against absence of any material for implicating the respondents 3 to 5, sufficient materials have been collected against the persons who are facing the trial. Therefore this court has to accept the contention of the learned Government Advocate (Crl.Side) that present petition is nothing but an attempt on the part of the petitioner to save the relatives of the petitioner. This court comes to the conclusion that the petitioner has not made out a case for the transfer of the investigating agency or for reinvestigation or further investigation of the case. There is no merit in the petition and the same deserves to be dismissed. Accordingly the petition is dismissed. Consequently, the connected Miscellaneous Petition is also closed.