IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.11.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

Crl.O.P.No.18703 of 2021

Arularasan

... Petitioner

Versus

The State Rep by Inspector of Police

Pennadam Police Station,

Cuddalore District.

... Respondent

PRAYER: Criminal Original Petition filed under Section 482 of

the Code of Criminal Procedure, to transfer the investigation

concerned in Crime No.226 of 2021 on the file of the Inspector

of Police, Pennadam Police Station, Cuddalore District to

CBCID, Cuddalore, Cuddalore District.

For Petitioner

:

Mr.V.Murugesan.

For Respondent

:

Mr.E.Raj Thilak,

Addl. Public Prosecutor.

ORDER

This Criminal Original Petition has been filed to

transfer the investigation concerned in Crime No.226 on 2021

on the file of the Inspector of Police, Pennadam Police

Station, Cuddalore District to CBCID, Cuddalore, Cuddalore

District.

2.The grievance of the petitioner is that his father had

some debts and there was some dispute over the same. On

03/08/2021, at about 3.00 P.M. the petitioner's brothers,

Kaviyarasan and Maniarasan was brought by one Jeyaraman to the

Union School and forced him to drink alcohol and the said

Jeyaraman refused the same, at that time one Devaraj S/o

Kolanchi intercepted of debts and there was a quarrel with

Kaviyarasan and Maniarasan. Thereafter, Kaviyarasan was

repeatedly attacked. The petitioner along with his mother

reached the spot and to rescue his brother which was resisted

and he was also assaulted. The said Kaviyarasan and

Maniarasan were rescued and admitted to the Government

https://hcservices.ecourts.gov.in/hcservices/

Hospital, Virudhachalam, where it was declared that the

petitioner's brother Kaviyarasan was brought dead. A case in

Crime No.226 of 2021 under Section 174 Cr.P.C was registered

and thereafter no proper action has been taken. Hence, the

petitioner filed this petition to transfer the investigation

to the file of CBCID. He further submitted that in the post-

mortem report, disclosed the injuries sustained by his

brother, despite naming the accused presence and mode of

attack. The respondent Police had not altered the FIR stating

that the pathological and forensic report has been obtained.

He further submitted that as the accused persons are

influential persons, the respondent Police have not taking

proper action.

3.The learned Additional Public Prosecutor submitted that

his status report denying the allegations made against the

respondent Police. He further submitted that on registration

of First Information Report, the respondent Police had visited

the scene of occurrence, prepared Observation Mahazer, Rough

Sketch and recorded the statements of defacto complainant/the

brother of the deceased Thiru.Arularasan, wife of the deceased

Tmt.K.Priya, mother of the deceased Tmt.Kolanchiyammal,

neighbours of the deceased Thiru.Ganesan and Thiru.Kandhaswamy

and eye witnesses present in scene of occurence

Thiru.Veeramani, Thiru.Sakthivel and Thiru.Ravi.

On

04.08.2021, the victim's body was sent to autopsy and the Post

Mortem report states that there has been abrasion from the

right great toe and also presence of some reddish brown colour

in the toes. This abrasion had taken place when the deceased

was taken in the motor bike to the Government Hospital.

Further on the internal examination no vital injuries found

leading to contusion and after obtaining a final opinion, the

investigation can be progressed.

4.Today, the learned Public Prosecutor had produced the

final opinion. The Deputy Director and Assistant Chemical

Examiner of Regional Forensic Science Laboratory Villupuram

had found that the presence of Organophosphrous compound

namely in the Stomach, Intestine, Liver and Kidney, Brain and

blood. Now the section would be altered and appropriate