SELVARAJ Vs. STATE

JUDGEMENT

(1.) THE petitioner herein is the father of deceased Sivamani. In the complaint/petition given by him to the Superintendent of police, Cuddalore on 23.05.2005, the petitioner stated that the deceased, who left home on 08.05.2005 at 07.30 P.M. for a music programme at Muthandikuppam, did not turn up and on the next day, he was informed that his son was found hanging in a Mango tree. According to him, though initially a case was registered in Crime No.87 of 2005 under Section 174 Cr.P.C., subsequently, investigation has not been conducted properly. In such circumstances, he seeks for transferring investigation of the case in Crime No.87 of 2005 from the file of the 2nd respondent to that of the third respondent.2. Per contra, learned Additional Public Prosecutor, by referring to the counter affidavit filed by the Investigating Officer, submits that proper investigation has been conducted and, after examination of the witnesses, on receipt of the post-mortem certificate, wherein, it was opined that the death was due to hanging and no external injuries other than one ligature mark were found on the neck, the case was closed as 'action dropped' and a report to that effect has been filed before the learned Magistrate. Further, a copy of such report has also been furnished to the petitioner and subsequent thereto, the petitioner did not choose to pursue further but rushed to this Court with the present petition for transfer of the investigation. 3. I have perused the materials available on record and considered the submissions made on either side. THE Investigating Officer, only after examination of the witnesses and receiving report from the Doctor who conducted autopsy, closed the case as 'action dropped' and copy of his report has been furnished to the petitioner also; in such circumstances, the petitioner could have taken further steps by filing a private complaint before the learned Magistrate, instead, he preferred the present petition before this court for transfer of the investigation.4. Time and again, the Supreme Court has pointed out in its various decisions including the recent one in Sakiri Vasu v. State of U.P. and others (Crl.A.1685 of 2007 arising out of Special Leave Petition (Crl.) No.6404/2007 and decided on 07.12.2007) that, under such circumstances, the only remedy available to the aggrieved person is to approach the learned Magistrate by filing private complaint; that being so, I am of the considered view that this is not a fit case for transferring the investigation as sought for. Consequently, the petition stands dismissed.