Madras High CourtCRL OP(MD)/2511/2019disposed of

M.Arulmozhi v. The District Collector

2019-03-05Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE CRL.O.P.[MD].No.2511 of 2019 M.Arulmozhi ... Petitioner/Defacto Complainant Vs.

1.The District Collector, Madurai District, Madurai.

2.The Superintendent of Police, Madurai District, Madurai.

3.The Deputy Superintendent of Police, O/o The Deputy Superintendent of Police, Samayanallur Sub Division, Madurai District.

(Crime No.460 of 2017) 4.The Inspector of Police, Nagamali Pudukkottai Police Station, Madurai, Madurai District.

(Crime No.460 of 2017) ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C. to issue a direction to direct the first respondent to appoint the Special Public Prosecutor under Section 15 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 in Special Case No.53 of 2018 dated 09.05.2018 on the file of the III Additional District Court (PCR), Madurai within the time stipulated by this Court.

For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mr.A.P.G.Ohm Chairma Prabhu, Government Advocate (Crl.Side).

ORDER

The present petition has been filed to direct the first respondent to appoint the Special Public Prosecutor in Spl.S.C.No.53 of 2018.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondents.

3. The learned counsel for the petitioner submitted that the petitioner seeks to appoint a Special Public Prosecutor for prosecuting the case in Spl.S.C.No.53 of 2018 filed under the provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Attrocities) Act, 1989. He submitted that a https://hcservices.ecourts.gov.in/hcservices/

representation to that effect was made to the District Collector on 27.09.2018 and the District Collector / first respondent herein, has not taken any decision on that.

4. Considering the facts and circumstances of the case, the first respondent is directed to take a decision on the representation of the petitioner within a period of three weeks from the date of receipt of a copy of this order.

5. With the above direction, this criminal original petition is disposed of.

Sd/- Assistant Registrar (CS-II) / True Copy / Sub Assistant Registrar To 1.The III Additional District Judge (PCR), Madurai 2.The District Collector, Madurai District, Madurai.

3.The Superintendent of Police, Madurai District, Madurai.

4.The Deputy Superintendent of Police, O/o The Deputy Superintendent of Police, Samayanallur Sub Division, Madurai District.

5.The Inspector of Police, Nagamali Pudukkottai Police Station, Madurai, Madurai District.

6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.T.LAJAPATHI ROY, Advocate ( SR-52104[F] dated 06/03/2019 ) CRL.O.P.[MD].No.2511 of 2019 05.03.2019 TA ES/08.03.2019/2P/8C https://hcservices.ecourts.gov.in/hcservices/