The court may transfer an investigation to an independent agency if the current inquiry is perceived as biased or incomplete, thereby ensuring public confidence in judicial processes.

ORDER

The petitioner has filed this Criminal Original Petition seeking to transfer the investigation in Crime No.293 of 2024, registered at K-1 Sembium Police Station, Chennai, from the file of the third respondent to the Central Bureau of Investigation.

2. The brief facts of the case, as averred in the petition, are as follows:-

2.1. The petitioner is the younger brother of the deceased K.Armstrong, who was serving as the Tamil Nadu State President of the Bahujan Samaj Party and was a prominent leader from the Dalit community. On 05.07.2024, the deceased was brutally murdered in broad daylight at Perambur, Chennai, by unknown assailants who approached him in disguise as food delivery personnel. The incident was not a mere act of personal enmity but a well-planned and premeditated attack, revealing a larger conspiracy behind the assassination of a political leader of such stature.

2.2. Based on a complaint given by the elder brother of the deceased, a First Information Report in Crime No.293 of 2024 was registered on 05.07.2024 at K-1 Sembium Police Station, Chennai, for the offences under Sections 191(2), 191(3), 118(1), 103 and 351(3) of the Bharatiya Nyaya Sanhita, 2023 (in short "BNS"). The investigation was taken up by the local police, and in October 2024, a final report running to nearly 5,000 pages was filed before the learned Metropolitan Magistrate, Chennai. In the said final report, thirty individuals were named as accused, and additional offences were included under Sections 61(2)(a) read with 103(1), 191(3), 351(3), 109, 238 read with 190, and 49 of BNS, along with Sections 4(b) read with 5 and 6 of the Explosive Substances Act, 1908, and Section 3 read with 25(1B)(a) of the Arms Act, 1959.

2.3. However, despite the voluminous nature of the charge sheet and the large number of persons implicated, several key conspirators remain unapprehended, and there are serious contradictions between the FIR and the final report. The investigation has overlooked material evidence, ignored crucial witnesses, and has failed to explore the wider conspiracy and the political background of the crime. The petitioner submits that the investigation has been conducted in a selective and biased manner, evidently aimed at shielding the real masterminds behind the assassination, which has shaken public confidence in the fairness of the process.

2.4. It is in these circumstances that the petitioner has approached this Court, seeking transfer of the investigation from the State Police to the Central Bureau of Investigation to secure a fair, independent, and credible investigation.

3. The learned counsel for the petitioner would submit that this case involves the brutal killing of K.Armstrong, who was the Tamil Nadu State President of the Bahujan Samaj Party and a prominent Dalit political leader, and that the investigation conducted by the Tamil Nadu Police is seriously defective, biased, and appears to be aimed at protecting the real conspirators. It is pointed out that though the First Information Report in Crime No.293 of 2024 registered at K-1 Sembium Police Station initially recorded that eight unknown assailants were involved, the charge sheet filed in October 2024 runs to nearly 5,000 pages and names thirty accused, but still leaves out the main conspirators, which creates a serious doubt about the fairness and honesty of the investigation.

4. The learned counsel submits that the investigation has been made to look thorough on the surface while avoiding the main political conspiracy behind the crime. It is stated that