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Madras High CourtCRL OP/6246/2020disposed of

D.Prabakaran v. The Superintendent Of Police

2020-03-18Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.03.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.6246 of 2020 D.Prabakaran ... Petitioner Vs.

1. The Superintendent of Police, Coimbatore District, Coimbatore.

2. The Sub Inspector of Police, Vedakkipalayam Police Station, Coimbatore District, (Crime No:50 of 2018) ... Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondents to alter F.I.R by including the appropriate provisions of Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act,1989 in Crime No:50/2018 pending on the file of the 2nd respondent.

For Petitioner : Mr.R.Thirumoorthy For Respondents : Mr.Mohamed Riyaz Additional Public Prosecutor

ORDER

This petition has been filed to alter the offence in Crime No.50 of 2018 on the file of the second respondent police registered under Section 420, 468 and 471 of IPC. 2.

It is seen that the petitioner belongs to suppressed community and the land allotted to him was illegally acquired by the accused in F.I.R.No.50/2018 illegally and the said land cannot be partitioned. The petitioner submits that despite his repeated approach, the respondent/Police did not take any action and therefore, he filed the present Crl.O.P. 3.

Considering the above facts and circumstances, the second respondent is directed to complete the investigation and during the course of investigation, if there are ingredients to attract the offences as alleged by the petitioner, the second respondent is directed to alter the FIR https://hcservices.ecourts.gov.in/hcservices/

accordingly and file a final report as expeditiously as possible.

4.

With the above direction, this Criminal Original Petition is disposed of.

s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar tta To

1. The Superintendent of Police, Coimbatore District, Coimbatore.

2. The Sub Inspector of Police, Vedakkipalayam Police Station, Coimbatore District,

3. The Public Prosecutor, High Court, Madras.

+1cc to M/s.R.Thirumoorthy, Advocate , SR. No. 24045 Crl.O.P.No.6246 of 2020 RK(CO) RMP(14/07/2020) https://hcservices.ecourts.gov.in/hcservices/