Mathiyalagan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.01.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.775 of 2016 Mathiyalagan ... Petitioner Vs The Inspector of Police, Maliyakarai Police Station, Salem District.

... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent herein to complete the investigation in Crime No.149 of 2015 and file a final report within a period stipulated by this Court.

For Petitioner :

Mr.K.Thenrajan For respondent :

Mr.C.Emalias, Addl. Public Prosecutor.

ORDER

The present criminal original petition has been filed seeking a direction to the respondent herein to complete the investigation in Crime No.149 of 2015 and file a final report within a period stipulated by this Court.

2. The case of the petitioner is that he has lodged a complaint with the respondent police on 2.9.2015 as against one Kangani Arumugam and others and the same was registered in Crime No.149 of 2015 for the alleged offence punishable under Sections 147, 148, 294(b), 323 and 506(ii) I.P.C. read with Section 3(1) (x) of SC/ST (Prevention of Atrocities) Act, 1989. Though the said complaint was registered in September 2015, till date, there is no progress in the said complaint. Hence, the petition.

3. Learned Additional Public Prosecutor submitted that since the case in Crime No.149 of 2015 has been registered under Section 3(1)(x) of SC/ST (Prevention of Atrocities) Act, 1989, the competent person to conduct the investigation is the Deputy Superintendent of Police, Athur. But, he was not added as a party.

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4. Considering the facts and circumstances of the case and considering the submission made by the learned Additional Public Prosecutor, this Court directs the respondent police to send the FIR registered in Crime No.149 of 2015 pending on his file, to the file Deputy Superintendent of Police, Athur, forthwith and on receipt of the same, the Deputy Superintendent of Police, Athur, is directed to investigate the same and file a final report as expeditiously as possible. The Criminal Original Petition is ordered accordingly.

sbi s/d- Assistant Registrar(J) True Copy Sub-Assistant Registrar To

1. The Deputy Superintendent of Police, Athur.

2. The Inspector of Police, Maliyakarai Police Station, Thiruvarur District.

3. The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.K.Thenrajan, Advocate SR 2376 nm(co) prk8/2 Crl.O.P.No.775 of 2016 https://hcservices.ecourts.gov.in/hcservices/