BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25/11/2010 CORAM THE HONOURABLE MR.JUSTICE G.RAJASURIA Crl.O.P.(MD).No.13998 of 2010 Poomayil ... Petitioner Vs 1.State of Tamil Nadu, represented by its Secretary, Home Department, Secretariat, Chennai. 2.The Director General of Police, Office of the Director General of Police, Beach Road, Chennai. 3.The District Collector and District Magistrate, Sivagangai District. 4.The Superintendent of Police, Sivagangai District. 5.The Deputy Superintendent of Police, Human Rights and Social Justice Wing, Sivagangai District. 6.The Deputy Superintendent of Police, Devakottai Range, Sivagangai District. 7.The Inspector of Police, Devakottai Taluk Police Station, Sivagangai Ditrict. ... Respondents Prayer Petition filed under Section 482 of the Code of Criminal Procedure, to direct the second respondent to withdraw the case from the seventh respondent in Cr.No.337 of 2010 on the file of the seventh respondent and entrust the same to the fifth respondent for investigation and to include Section 3(1)(xi) of the Scheduled Caste and Schedule Tribes (Prevention of Atrocities) Act, and file the charge sheet before the jurisdictional Magistrate within the time stipulated by this Court and further direct the third respondent to pay relief amount to the petitioner under Serial No.11 in annexure I, Schedule under Rule 12(4) of the Scheduled Caste and Schedule Tribes (Prevention of Atrocities) Rules, 1995. !For Petitioner ... Mr.R.Alagumani ^For Respondents ... Mr.R.M.Anbunithi Government Advocate (Crl. Side) * * * * * :ORDER
This petition has been filed to direct the second respondent to withdraw
the case from the seventh respondent in Cr.No.337 of 2010 on the file of the
seventh respondent and entrust the same to the fifth respondent for
investigation and to include Section 3(1)(xi) of the Scheduled Caste and
Schedule Tribes (Prevention of Atrocities) Act, 1989, and file the charge sheet
before the jurisdictional Magistrate within the time stipulated by this Court
and further direct the third respondent to pay relief amount to the petitioner
under Serial No.11 in annexure I, Schedule under Rule 12(4) of the Scheduled
Caste and Schedule Tribes (Prevention of Atrocities) Rules, 1995.
2. The epitome, and the long and short of the facts absolutely necessary
and germane for the disposal of this petition would run thus:
The police registered a case in Cr.No.337 of 2010 for the offences
punishable under Sections 323, 355, 506(ii) and 379 I.P.C and Section 3(1)(x) of
the Scheduled Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989.
3. The learned Counsel for the petitioner while arguing the matter, would
now restrict his prayer to the effect that this Court might direct the Deputy
Superintendent of Police concerned who was appointed by the Superintendent of
Police concerned to investigate into the matter under Rule 7(1) of the Scheduled
Caste and Schedule Tribes (Prevention of Atrocities) Rules, 1995, to expedite
the investigation within a period of one month as contemplated under the Rule
itself. He would also implore and entreat that necessary penal provisions of
Scheduled Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989, have
not been invoked so to say, Section 3(1)(xi) of the Scheduled Caste and Schedule
Tribes (Prevention of Atrocities) Act, 1989.
4. Heard the learned Counsel for the petitioner and the learned Government
Advocate (Criminal Side) for the respondents.
5. I would like to point out that this Court while exercising the power
under Section 482 Cr.P.C, cannot mandate any of the Police Officers to add a
particular penal provision of law and this Court could only sensitize the police
to take into consideration the factual as well as legal position and invoke the
appropriate penal provisions.
6. However, I could see considerable force in the submission of the
learned Counsel for the petitioner that the investigation should be completed
within thirty days as contemplated under the law.
7. Accordingly, the Deputy Superintendent of Police concerned is directed
to complete the investigation within thirty days as contemplated under the law.
8. Over and above that, as requested by the learned Counsel for the
petitioner, it is open for the petitioner to appear before the Superintendent of
Police concerned who appointed the Investigating Officer namely the Deputy
Superintendent of Police concerned and air her grievance, whereupon, the
Superintendent of Police shall issue appropriate directions also to the Deputy
Superintendent of Police concerned.
9. The learned Counsel for the petitioner would make an extempore
submission that on 09.11.2010, an application was given to the District
Collector concerned for getting necessary reliefs as contemplated under the
Scheduled Caste and Schedule Tribes (Prevention of Atrocities) Rules, 1995.
10. Accordingly, I would like to direct the District Collector concerned
to deal with the same as expeditiously as possible in accordance with law.
11. With the above directions, this petition is disposed of.
rsb
To
1.The Secretary,
State of Tamil Nadu,
Home Department,
Secretariat,
Chennai.
2.The Director General of Police,
Office of the Director General of Police,
Beach Road,
Chennai.
3.The District Collector and
District Magistrate,
Sivagangai District.
4.The Superintendent of Police,
Sivagangai District.
5.The Deputy Superintendent of Police,
Human Rights and Social Justice Wing,
Sivagangai District.
6.The Deputy Superintendent of Police,
Devakottai Range,
Sivagangai District.
7.The Inspector of Police,
Devakottai Taluk Police Station,
Sivagangai Ditrict.
8.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.