'BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT RESERVED ON : 17.02.2025 PRONOUNCED ON :21.02.2025 CORAM THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Crl.R.C.(MD)No.364 of 2021 and Crl.M.P.(MD)Nos.3642 and 12702 of 2021 V.Megavarnam(died)

Subramanian ... Revision Petitioner / Petitioner/

P.W.No.3 (Substituted as per order of the Court dated 17.02.2025 in Crl.M.P.(MD)

No.6240 of 2021)

Vs.

1.The State represented by the Inspector of Police, C.B.C.I.D, (OCU), Tiruchirappalli.

(In Cr.No.66/2006, on the file of the Ponnamaravathi Police Station) ... 1^st Revision Respondent/

Respondent/Complainant

2.Chinnaiah @ Chinnakkalai .... 2^nd Revision Respondent/

Respondent/Accused PRAYER: Criminal Revision Petition has been filed under Section 397 r/w 401 of the Criminal Procedure Code to call for the records in Cr.M.P.No.25 of 2020, dated 07.08.2020, on the file of the Principal District and Sessions Court, Pudukkottai and set aside the same.

For Petitioner : Mr.K.Prabhu For Respondents : Mr.S.Ravi Additional Public Prosecutor for R.1 :Mr.S.Chinnaiah Legal Aid Counsel for R.2

ORDER

This Criminal Revision is directed against the order passed in Cr.M.P.No.

25 of 2020 in S.C.No.96 of 2007, dated 07.08.2020, on the file of the Additional District cum Sessions Court, Pudukkottai dismissing the petition filed under Section 319 Cr.P.C.

2. The revision petitioner is the defacto complainant, who lodged the complaint and on the basis of which, a murder case came tobe registered against the second respondnet/accused.

3. The factual aspects not in dispute are;

(a) On 19.03.2006 midnight, one Vellaichamy aged about 74 years at Keeranur Village, Pudukkottai District, who was sleeping at the courtyard of his house, was murdered by severing the head with aruval. The defacto complainant Megavarnam, son of the deceased lodged a complaint before the Ponnamaravathi police station and on that basis, F.I.R., came to be registered in Cr.No.66 of 2006, under Section 302 I.P.C., at 09.00 hours on 20.03.2006. The police seized the severed head of the deceased from the nearby well in an agricultural land. The second respondent/accused was arrested by the Ponnamaravathi Police in connection with Cr.No.74 of 2006 for murdering his elder brother's seven years old daughter Banumathy at 05.00p.m., on 05.04.2006. The second respondent/accused while interrogation, confessed that he committed the murder of Vellaichamy on 19.03.2006. The Investigating Officer, after completing the investigation, had filed the charge sheet on 02.06.2006 before the jurisdictional Magistrate Court and after committal, the case was made over to the Fast Track Sessions Court, Pudukkottai in S.C.No.96 of 2007.

(b) The revision petitioner/defacto complainant filed a petition before this Court in Crl.O.P.(MD)No.1772 of 2007 seeking transfer of the investigation to C.B.C.I.D., Pudukkottai and this Court passed an order directing the Investigating Officer to consider the prayer of the petitioner. The complainant had then filed a petition in Crl.M.P.No.218 of 2007 under Section 173(3) Cr.P.C., before the trial Court for transferring the investigation to C.B.C.I.D., Pudukkottai and the same was dismissed vide order dated 04.03.2008, on the ground that the trial Court has no power to transfer the case and directed the petitioner to seek remedy from the High Court.

(c) The complainant had filed a petition before this Court in Crl.O.P.

(MD)No.8365 of 2008 to transfer the investigation to some other Agency and this Court passed an order dated 03.12.2009 giving liberty to the petitioner to move the concerned Court where the final report was filed and he can file a petition under Section 173(8) Cr.P.C., if he so desires. Accordingly, the complainant filed a petition in Crl.M.P.No.29 of 2010 before the trial Court to transfer the investigation and the trial Court allowed the petition and directed the Inspector of Police, C.B.C.I.D., Pudukkottai to conduct investigation and submit a final report. As per the orders of the Additional D