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2008 DIGILAW 463 (MAD)

D. Chandran v. The Director General of Police Tamil Nadu State Police Headquarters Chennai-600 004 & Others

2008-02-08

R.REGUPATHI

body2008
Judgment :- The petitioner is the father of the deceased in a case. Initially the 3rd respondent took up the investigation for the death of the son of the petitioner. Since the petitioner was not satisfied with the way in which the 3rd respondent is conducting the case, he sought for transfer of investigation and by order of this court, it has been transferred to the 4th respondent. Even after the order passed, the 4th respondent was delaying the investigation and the petitioner, again, moved this Court by way of a petition for direction, in which, the suspicion against the petitioner about the involvement of one more person in the case was agitated. On hearing the parties, an order has been issued by this Court, which reads as follows: "The fourth respondent is directed to probe further into the allegation levelled by Venki @ Venkatesh and Siva @ Sivaprakash during Narco Analysis about the involvement of a fourth person in the offence alleged in the complaint". 2. Now it is submitted that the 4th respondent has not taken up the investigation as per the direction of this Court and hence sought for transfer of investigation to CBI. 3. Per contra, the learned Additional Public Prosecutor submits that on earlier occasion, the case was transferred on the request of the petitioner and a specialised agency was entrusted with further investigation of the case and the 4th respondent, accordingly, on conclusion of the investigation, ready with the final report and it is pending with Public Prosecutor for opinion and in such circumstances, the present petition for further investigation for the second time has been filed before this Court. 4. I have perused the materials available on record. The investigating agencies must be given free hand to collect the materials and come to a conclusion one way or other. The defacto-complainant cannot pressurise the investigating agency to come to a desired conclusion. 5. Therefore, I do not find any merit in the present petition. Hence the petition is dismissed. However, if the petitioner is aggrieved, he may pursue further with sufficient materials before the trial court.