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2016 DIGILAW 1331 (MAD)

Pandian @ Ricksaw Pandi v. Inspector of Police, Puthur

2016-03-29

P.N.PRAKASH

body2016
ORDER : This petition has been filed to transfer the case in P.R.C.No.20 of 15 in Crime No.26 of 2011 on the file of the Judicial Magistrate, Vilathikulam, Thoothukudi District to some other competent Court at Madurai District. 2. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) appearing for the State. 3. The respondent police have filed a counter, wherein in Paragraph Nos.2 to 4, it is stated as follows: “2. I respectfully submitted that on the basis of the complaint lodged by one Gurumoorthy a case was registered in Crime No.26 of 2011 for the alleged offence u/s. 147, 148, 341, 294(b), 323, 324, 326 and 307 of IPC dated 31.03.2011. The brief fact of the case is that there was a previous enmity between the defacto complainant and the accused namely Chandran, Balu, Jeyakumar, Mohan and others, on 31.03.2011 the defacto complainant and his father brutally attacked by the above said accused and caused serious injuries. The motive behind in the occurrence is that the defacto complainant herein already involved in a murder case, to take revenge the friends and the reletives of the deceased attacked the defacto complainant herein. 3. I respectfully submit that after registered the FIR the observation Mahajar, Rough Sketch and U/s.161 (3) Cr.P.C. statements were recorded from the witnesses. The recovery also made out and the same was produced before the learned Judicial Magistrate, Vilathikulam on 04.04.2011, the accused Pandi @ Riksha Pandi appeared before the Village Administrative Officer and voluntarily gave a confession statement, from his confession statement the other accused were identified. 4. I respectfully submit that in this case totally 10 were identified as an accused and used weapons vehicles were recovered from them, totally 29 witnesses were enquired and their statements also recorded. After proper investigation, the charge sheet was filed before the Learned Judicial Magistrate, Vilathikulam and the same has been taken on file in P.R.C. No. 20 of 2015. Now, the learned Judicial Magistrate, Vilathikulam issued summons to the accused No.1 to 10 and direct the appeared before him on 05.04.2016.” 4. In view of the fact that investigation has been completed and a final report has also been filed in P.R.C.No.20 of 2015, there is no merit in the plea of the petitioners, who are accused, for transfer of the investigation. 5. In view of the fact that investigation has been completed and a final report has also been filed in P.R.C.No.20 of 2015, there is no merit in the plea of the petitioners, who are accused, for transfer of the investigation. 5. At this juncture, learned counsel for the petitioners submitted that there is a threat to the life of the petitioners from the deceased party. If that is so, as and when threat arises, the petitioners are given liberty to lodged a complaint to the jurisdictional Police and on receipt of such complaint, the same shall be enquired into and action be taken thereon in accordance with law. 6. With the above observation, this Criminal Original petition is dismissed.