BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17/07/2007 CORAM THE HONOURABLE MR.JUSTICE G.RAJASURIA Crl.O.P.(MD).No.5955 of 2007 and M.P.(MD) No.1 of 2007 D.Edward Rajadurai ... Petitioner Vs 1.Sureshkumar, Inspector of Police, Nazareth Police Station, In-charge of Sattankulam Police Station, Thoothukudi District. 2.The Deputy Superintendent of Police, Tiruchendur Sub-Division, Thoothukudi District. 3.The Superintendent of Police, Thoothukudi District, Thoothukudi. 4.The District Collector, Thoothukudi District, Thoothukudi. 5.The Inspector of Police, CBCID, Tirunelveli District. ... Respondents Prayer Petition filed under Section 482 of the Code of Criminal Procedure, to transfer the investigation in Crime No.72 of 2007 from the file of one Suresh Kumar, Inspector of Police, Nazareth Police Station, In-charge of Sathankulam Police Station, Thoothukudi District, the first respondent herein, to the file of the Inspector of Police, CBCID, Tirunelveli District, the 5th respondent herein for conducting an impartial investigation in this case so as to arrive at correct conclusion in this regard. !For Petitioner ... Mr.R.Anand ^For Respondents ... Mr.P.Rajendran Government Advocate (Crl. Side) :ORDER
This petition is focussed to transfer the investigation in Crime No.72 of
2007 from the file of the first respondent to the file of the 5th respondent
for conducting an impartial investigation in this case.
2. Heard the learned counsel appearing for the petitioner, and also the
learned Government Advocate(Criminal side) appearing for the State.
3. The background facts which are absolutely necessary for the disposal of
this petition would run thus:
The police registered the case in crime No.72 of 2007 for the offences
punishable under Sections 4 and 6 of Indecent Representation of Women
Prohibition Act and Sections 8 and 14 of Cinematograph Act, 1952 and Sections 63
of Copy Right Act, 1957 r/w 292(A) of I.P.C. The gist and kernel of the case of
the Police is that the accused persons had the common desire to display on the
screen of obscene film in a Cinema Theatre viz. Lakshmi Takies, in Sathankulam,
within the jurisdiction of the first respondent. The police conducted ride in
Lakshmi Talkies and seized obscene film reels as well as the projector
pertaining to such display.
4. The grievance of the petitioner is that he has been falsely robed the
case as though he only transported that obscene film reels from Tirunelveli by
using his Santro Car. The police also while seizing the vehicle broken the
window glass and damaged the petitioner’s Santro Car, which was not in any way
connected with the offence. He would submit that the investigation officer is
inimical towards him and proceeding in the wrong direction. At the instances of
President of the Sathankulam Town Panchayat, the Deputy Superintendent of
Police, also is hand in glove with the first respondent acting against the
petitioner, who is a councillor of that locality,
5. No doubt, these are all serious allegations levelled against the Police
Officers. The petitioner being an accused cannot seek for change of
investigation, if at all there is any highhanded perpetration by the
investigation officer, it is open for the petitioner to approach the
Superintendent of Police, who is expected to look into police atrocities, but
the investigation in the Crime No.72 of 2007, should proceed as per law and the
police report should be filed. If at all the petitioner is innocent and there
is prima facie case, he could pray for discharged by approaching the concerned
Magistrate and the Magistrate shall with open mind deal with the matter.
6. In the facts and circumstances of the case, this Court could not find
anything to exercise its power under Section 482 of Cr.P.C. to order change of
investigation. Hence, this petition is dismissed. Connected Miscellaneous
petition is dismissed.
sj
To
1.The Inspector of Police,
Nazareth Police Station,
In-charge of Sattankulam Police Station,
Thoothukudi District.
2.The Deputy Superintendent of Police,
Tiruchendur Sub-Division,
Thoothukudi District.
3.The Superintendent of Police,
Thoothukudi District,
Thoothukudi.
4.The District Collector,
Thoothukudi District,
Thoothukudi.
5.The Inspector of Police,
CBCID,
Tirunelveli District.
6.The Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.