Judgment : S. THANGARAJ, J. ( 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 Caste/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. 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 (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. ( 4 ) THE petitioners husband by name Dasamuthu Palani, who was working as village headman was a member of scheduled caste community and by thinking that a man belonging to the lower class community is demanding tax from them the accused who are members of the higher community beat him severely and thereafter he died, is the main case of the complainant. Two reasons are seen from the complaint of the petitioner (1) that her husband was beaten because he was a member of a scheduled caste community: and (2) such beating was done with the intention of causing such bodily injury as the offenders know, to be likely to cause the death of Dasamuthu Palani to whom the harm is caused. ( 5 ) FROM the counter filed by the respondents it is clear some investigation has been done but the very contentions in the counter show that the investigation was not properly done to vouch the fact that he was beaten to death. The petitioner has filed the xerox copies of the paper reports, the Tamil daily Dhinakaran dated 26-9-1997 wherein the Government Servants Association assembled before the Natham police station and demanded action against the culprits. The photographs show that the Government servants coming in lorries and from the way in which they had raised their hands would go to show that they had raised slogans demanding action against the culprits. The Government Servants Association took up the matter to get justice for the death of their colleague a lowest ranking Government servant and also on humanitarian grounds. The Government Servants Association took up the matter to get justice for the death of their colleague a lowest ranking Government servant and also on humanitarian grounds. Similar news item was published in Tamil news papers like Malai Murasu, Dhina Boomi and other news papers. All the papers unanimously have published the news that the Government Servants demanded justice to the death of Dasamuthu Palani. It seems the respondent police have done the investigation in the usual course and filed a charge sheet. From what is stated in the counter, it is clear that on the basis of the medical certificate issued by one Dr. Thiagarajan -a Forensic Professor and the police surgeon at Madurai, expressing his opinion and also on the opinion of Asst. Public Prosecutor, Grade I (Administration), the charge sheet was filed for offences under Sections 147, 342, 323 IPC nw 149 IPC. The laying of charge sheet would vouch, the fact that the accused persons shown therein were responsible for the wrongful consignment and causing simple hurt to Dasamuthu Palani. However, when we see the statements made in the counter itself would go to prove the commission of the offence. It is a fit case wherein a further investigation has to be done in the interest of justice. In Gudalure M. J. Cherian v. Union of India, their Lordships of the Supreme Court held that in a given situation, to do justice between the parties and to install confidence in public mind Court may ask CBI to investigate. And further, their Lordships have directed the CBI to hold further investigation as per the F. I. R lodged. In Kashmeri Devi v. Delhi Administration, their Lordships of the Supreme Court have held the Trial Court before which charge-sheet already submitted, directed to exercise its powers under Section 173 (8) Cr. P. C. to direct the CBI to make proper and thorough investigation in independent and objective manner and submit additional charge sheet, if any, in accordance with law. This decision is applicable to the instant case also. However, we need not give any direction to the Magistrate as the present stage of the case is not known. Instead, this Court can pass proper direction under Section 482 Cr. P. C. to secure the ends of justice. This decision is applicable to the instant case also. However, we need not give any direction to the Magistrate as the present stage of the case is not known. Instead, this Court can pass proper direction under Section 482 Cr. P. C. to secure the ends of justice. ( 6 ) A fresh investigation in the instant case can be handed over to the CB CID and while doing the investigation, apart from examining witnesses, should also get the second opinion in the medical report already submitted in the case and on valid grounds they can file a fresh charge sheet, till then the Magistrate should not proceed with the case pending on his file. In the result, Cr1. O. P.-No. 19518/98 it allowed. The CB CID/madras is directed to take up investigation in the lines stated above and if necessary should file a fresh charge sheet against the accused persons. Till then, the case in crime No. 338/97 pending on the file of the Judicial Magistrate - III, Dindigul is stayed. Petition allowed. Fresh investigation ordered through C. B. C. I. D.