S.Lakshmanan v. The Deputy Inspector General Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.02.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.2246 of 2019 S.Lakshmanan

...Petitioner

Vs.

1.The Deputy Inspector General of Police, DIG Office, Salem - 7, Salem District.

2.The Superintendent of Police, Dharmapuri, Dharmapuri District.

3.The Inspector of Police, Pappireddipatti Police Station, Dharmapuri District.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondents 1 and 2 to monitor the investigation conduct by the 3rd respondent with offence punishable under Section 11(1) & 12 of Protection of Child from Sexual Offences Act 2002, 506(i) of IPC in Crime No.332/2018 dated 20.12.2018 pending on the file of the 3rd respondent police and file the final report within a stipulated period of time. For Petitioner : Mr.P.Ganesan For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the respondents 1 and 2 to monitor the investigation conducted by the 3rd respondent for the offence punishable under Section 11

(1) & 12 of Protection of Child from Sexual Offences Act 2002, 506(i) of IPC in Crime No.332 of 2018 dated 20.12.2018 pending on the file of the 3rd respondent police.

2. The learned Additional Public Prosecutor filed a status report and submitted that during the course of investigation and also recorded the statement under Section 164 Crl.P.C. of the

victim girl and found that the other offences made out by the accused. In this regard, under Section 11 and 12 of POCSO Act and 506(1) IPC has been altered to 8 & 12 of POCSO Act, 354-(A) (1)(ii) IPC and 506(i) IPC on 27.12.2018. The learned Additional Public Prosecutor further submitted that the accused approached this Court by way of Anticipatory Bail and the same was dismissed in Crl.O.P.No.992 of 2019 and therefore taking steps to arrest the accused.

3.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

4. Considering the facts and circumstances of this case, the third respondent had altered the offence under Sections 8 and 12 of POCSO Act as against the accused and it is also seen from the status report, taking steps to arrest the accused person.

5. In view of the above, this Court deems it fit to direct the second respondent to monitor the investigation conducted by the third respondent. Further, the third respondent is also directed to complete the investigation and to file a final report in Crime No.332 of 2018 within a period of three month from the date of receipt of copy of this order.

6. This Criminal Original Petition is disposed of with the above direction.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar lpp/msm To 1.The Deputy Inspector General of Police, DIG Office, Salem - 7, Salem District.

2.The Superintendent of Police, Dharmapuri, Dharmapuri District.

3.The Inspector of Police, Pappireddipatti Police Station, Dharmapuri District.

4.The Public Prosecutor, High Court of Madras, Madras.

+1cc to Mr.P.Ganesan, Advocate, S.R.No.10109 Crl.O.P.No.2246 of 2019 KS(CO) RRS(09/04/2019)