T SUBBAMMAL Vs. STATE REP

JUDGEMENT

(1.) - The petitioner has filed this petition under Section 482 Cr. P.C. for giving direction to change the investigating agency from the respondent to C.B.I. or C.B. C.I.D.

(2.) The petitioners husband Dasamuthu Palani - a member of Scheduled Casle/community was a Thalaywi (village headman). On 10-9-1997, when he went for collection of taxes, some persons belonging to a particular political party and men of higher community had a wordy quarrel with him on the ground that a person belonging to a lower community was demanding taxes from them. Those persons tied up the petitioners husband to a tree and beat him severely and on account of which he died subsequently. A case was registered by the respondent under Section 174 Cr. P.C. and the investigation was not properly done. The members of the Government Staff union took out a procession and representations were given to various authorities. They also staged a Dharna before the police station. The respondent/police had not taken any action against the real culprits and the investigation has to be reopened to hand over to C.B.I. or C.B. C.I.D.

(3.) The respondent has filed counter alleging that the petitioner preferred a complaint on 15-9-1997 at 8.30 a.m. alleging that on 10-9-1997 (1) Pichai Mani. (2) Rasu Palanisamy. (3) Thangam Maakalt. (4) Ganesan and others took her husband to Natham and he was returned home on 14-9- 1997 and died on the same day. The then Inspector of Police one Mr. Jeganathan has registered a case in Crime No. 338/97 under Section 174 Cr. P.C. and on obtaining the post-mortem report altered the Sections to 147.342 and 302 IPC, on 2-10-1997. He examined 21 witnesses. In the meantime, in December 1997, he was transferred and another Inspector by name Amal Ilango was appointed in his place and he took up investigation. The said Amal Ilango was also transferred. The Superintendent of Police, Dindigul district on 8-9-1998 directed the Deputy Superintendent of Police, Rural to take up investigation. The Deputy Inspector of police took up investigation, verified the investigation already done and also examined one. Dr. Thiagatajan of Madurai Medical College and thereafter placed the entire records before the Assistant Public Prosecutor, Grade I (Administration) for legal opinion on whose legal opinion a case under Sections 147, 342 and 323 nw 149 IPC was filed before the Judicial Magistrate III, Dindigul, on 14-11-1998. The petitioner has stated that in order to safeguard the interest of the accused persons, one among them being the Sub Inspector of Police, Natham Police Station, proper investigation has not been done on the complaint given by the petitioner.