Madras High CourtCRL OP/25518/2017disposed of

P.Senthamarai, F/A 47 Yrs, v. The Superintendent Of Police

2019-06-28Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.06.2019

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P No.25518 of 2017 P.Senthamarai

...Petitioner/Defacto Complainant

Vs.

1. The Superintendent of Police, Vellore District.

2. The Inspector of Police, Vellore Taluk Police Station, Vellore District.

(Crime No.363 of 2017) ...Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, praying to direct the first respondent to transfer the case in Crime No.363 of 2017 on the file of the second respondent to CBCID, Vellore by booking the offences under SC & ST Prevention of Atrocities Act.

For Petitioner : Mr. R.Sankarasubbu For Respondent : Mr. C.Raghavan Government Advocate

ORDER

The learned Government Advocate on instructions submitted that originally an FIR was registered in Crime No.363 of 2017 under section 174 of Cr.P.C. Subsequently, it was altered under Section 306 IPC r/w the provisions of the SC/ST Act and the investigation was transferred to the file of the Deputy Superintendent of Police, Vellore Circle.

2. On enquiry conducted by the Tahsildar, it was found that the deceased belonged to the Christian religion and he does not belong to the SC/ST community and therefore, the provisions under SC/ST Act were removed and the case was investigated only for an offence under Section 306 IPC.

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3. The learned Government Advocate further submitted that the investigation is pending till today and the investigation has been again transferred to the Inspector of Police, Vellore Taluk Police Station.

4. Taking into consideration the facts and circumstances of the case, there shall be a direction to the Inspector of Police, Vellore Taluk Police Station to complete the investigation in Crime No.363 of 2017 within a period of three months from the date of receipt of copy of this order and file a final report before the concerned jurisdictional Court.

5. This Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar uma To

1. The Superintendent of Police, Vellore District.

2. The Inspector of Police, Vellore Taluk Police Station, Vellore District.

3. The Public Prosecutor, High Court of Madras.

CRL.OP No.25518 of 2017 RSI[CO] SRG 23/07/2019 https://hcservices.ecourts.gov.in/hcservices/