R.Ganesan v. The Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.08.2024 Coram :

THE HONOURABLE Mr. JUSTICE M.DHANDAPANI R.Ganesan .. Appellant Vs.

1.The Deputy Superintendent of Police, Tiruchengode Sub Division, Namakkal District.

2.The Inspector of Police, Komarapalayam Police Station, Namakkal District.

3.Raman .. Respondents Prayer: Criminal Appeal is filed under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amended Act, 1989, to call for the records relating to the order dated 09.09.2021 made in Crl.M.P.No.138 of 2020 on the file of the learned Special Judge for Scheduled Castes and Scheduled Tribes (Prevention and Atrocities) act cases, Namakkal and set aside the same by allowing this criminal Appeal. For Appellant : Mr.N.Manoharan For Respondents : Mr.Leonard Arul Joseph Selvam for R1 and R2 Government Advocate (Crl. Side) Mr.R.Prabakar for R3 Page No:1/4

J U D G M E N T

This Criminal Appeal has been filed to to call for the records relating to the order dated 09.09.2021 made in Crl.M.P.No.138 of 2020 on the file of the learned Special Judge for Scheduled Castes and Scheduled Tribes (Prevention and Atrocities) act cases, Namakkal and set aside the same by allowing this criminal Appeal.

2. Learned counsel for the appellant would submit that the appellant made a complaint under Section 200 of Cr.P.C, in which, the Law Enforcing Agency conducted investigation and filed charge sheet. Aggrieved by the same, he filed a protest petition in Crl.M.P.No.138 of 2020. However, the protest petition was dismissed by the learned Special Judge for Scheduled Castes and Scheduled Tribes (Prevention and Atrocities) act cases, Namakkal vide order dated 09.09.2021. Challenging the said order, the present criminal appeal has been filed.

3. Learned Government Advocate (Crl.Side) appearing for the first and second respondents would submit that appellant regularly having the habit of giving false allegation against General Public and also the Governments Official like Municipality Officials, Police Officials. He further submitted that after perusing the entire records, the learned Judge rightly Page No:2/4

dismissed the protest petition seeking for further investigation in this case. Hence, he prayed for dismissal of the appeal.

4. A perusal of the materials available on record, more particularly the order passed in Crl.M.P.No.138 of 2020, it transpires that the trial Court has properly considered the issue and has dismissed the protest petition. Merely because the appellant enteratin a grievance, further investigation cannot be ordered unless a lacunae is shown in the investigation. The order of the Court below having gone through the entire materials and dismissed the protest petition. This Court finds no reason to interfere with the said order.

5.Accordingly, this Criminal Appeal is dismissed. 01.08.2024 Internet : Yes/No Index : Yes/No M.DHANDAPANI , J.

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