K. Karikalam v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.12.2015

CORAM:

THE HON'BLE Mr.JUSTICE R.SUBBIAH Crl.O.P.No.29629 of 2015 K.Karikalan ... Petitioner Vs.

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

2.Deputy Superintendent of Police, Sirkazhi Range, Nagapattinam District.

3.The Inspector of Police, Anaikaranchatram, Nagapattinam District.

... Respondents Prayer :

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the respondents to register the case on the basis of the petitioner's complaint dated 21.11.2015 and conduct the fair and proper investigation. For Petitioner : Mr.S.Rajanikanth For Respondents: Mr.C.Emalias Additional Public Prosecutor

ORDER

This petition is filed for a direction to the respondents to register the case on the basis of the petitioner's complaint dated 21.11.2015 and to conduct fair and proper investigation. 2.

The petitioner belong to the Schedule Caste, AdiDravidar Community and he is working as an agricultural labourer. He is having two sons by names Akash and Dinesh. His elder son Akash is studying VIII standard in the Government Higher Secondary School at Thulasenthirapuram, Kollidam. On 20.11.2015, while his son Akash was attending his class, one Mr.Baskaran, who is Headmaster of the School asked him to go out from the class and thereafter, the said Baskaran came out from

the class room and beaten his son Akash indiscriminately and abused with unparliamentary words. Hence, the petitioner lodged a complaint before the respondent on 21.11.2015. Though the complaint of the petitioner has been assigned C.S.R.No.500 of 2015, till date no action has been taken. Hence, the petitioner has filed the present petition.

3.

I have heard the learned counsel appearing for the petitioner as well as the learned Additional Public Prosecutor.

4. The learned Additional Public Prosecutor submitted that on receipt of the complaint of the petitioner, C.S.R.No.500 of 2015 has been assigned and the matter is pending for enquiry.

5. In view of the submissions made by the petitioner as well as the Additional Public Prosecutor, this Court directs the respondent to conduct enquiry on the complaint of the petitioner dated 21.11.2015 in C.S.R.No.500 of 2015 and upon enquiry, if materials are gathered indicating commission of any cognizable offence, the respondent is directed to proceed further in accordance with law, as early as possible.

6.

With the above directions, the Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar To 1.The Superintendent of Police, Nagapattinam District, Nagapattinam.

2.The Deputy Superintendent of Police, Sirkazhi Range, Nagapattinam District.

3.The Inspector of Police, Anaikaranchatram, Nagapattinam District.

4.The Public Prosecutor High Court, Madras.

+1cc to Mr.Rajanikanth, Advocate, S.R.No.67555 Crl.O.P.No.29629 of 2015 ctk(CO) srg(05/01/2016)