Madras High CourtCRL OP(MD)/3001/2019disposed of

Periyasamy v. The Inspector Of Police

2019-03-15Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.03.2019

CORAM

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.(MD)No.3001 of 2019 Periyasamy ... Petitioner Vs.

1.The Inspector of Police, Sivakasi East Police Station, Virudhunagar District.

2.Vijaya Shankar 3.Pradeep Shankar 4.Indumathi 5.Maheswaran ... Respondents PRAYER:- Petition filed under Section 482 of Criminal Procedure Code, to direct the Judicial Magistrate Court No.II, Sivakasi, Virudhunagar District to take on file of the petitioner's petition filed under Section 15(3) Cr.P.C., dated 07.02.2019. For Petitioner : Mr.R.Murugappan For R1 : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl.Side) *****

ORDER

This petition has been filed to direct the Judicial Magistrate Court No.II, Sivakasi, Virudhunagar District to take the petitioner's petition filed under Section 156(3) Cr.P.C., on file.

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

3. The learned counsel for the petitioner submits that the petitioner has preferred the complaint before the first respondent police to register the case for the offence under the SC/ST (POA) Act. Since it was not done, he came before this Court in Crl.O.P. (MD)No.9617 of 2018, which was disposed of with a direction to the petitioner to prefer a complaint before the learned Magistrate. When the same was done in due complaiance of the order of this Court, the learned Magistrate has returned it indicating that the https://hcservices.ecourts.gov.in/hcservices/

complaint have to be filed before the Special Court. The petitioner now seeks a direction to the learned Magistrate to receive the complaint in terms of the order of this Court made in Crl.O.P.(MD)No.9617 of 2018.

4. After the amendment of SC/ST (POA) Act by Act 1/ 2016, the Sessions Court has been empowered to take direct cognizance of the offence and necessarily the complaint may have to be laid only before the Sessions Court. Therefore, this Court does not find any error in the order of the learned Magistrate.

5. In view of the above, nothing survives for further adjudication in this petition. Accordingly, this criminal original petition is disposed of.

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS) To 1.The Judicial Magistrate No.II, Sivakasi 2.The Chief Judicial Magistrate, Virudhunagar at Srivilliputhur.

3.The Inspector of Police, Sivakasi East Police Station, Virudhunagar District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.R.MURUGAPPAN, Advocate( SR-54466[F] dated 15/03/2019 ) ta Order made in Crl.OP .(MD)No.3001 of 2019 15.03.2019 KM/(08.04.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/