Madras High CourtCRL OP(MD)/977/2018closed

Vijayalakshmi v. The Director General

2018-01-23Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.01.2018

CORAM

THE HON'BLE MR.JUSTICE P. RAJAMANICKAM Crl.O.P.(MD) No.977 of 2018 Vijayalakshmi ... Petitioner -Vs1. The Director General of Police (Law and Order), State of Tamil Nadu, DGP Office, Dr. Radhakrishnan Salai, Mylapore, Chennai - 600 004 2.The Superintendant of Police, Thirunelveli District, Thirunelveli.

3.The Inspector of Police, Sankarankoil Taluk Police Station, Sankarankovil, Thirunelveli District.

... Respondents Prayer: This Criminal Original petition is filed under Section 482 of Code of Criminal Procedure, to direct the respondent nos. 1 and 2 to appoint investigating officer not below the rank of Deputy Superintendant of Police in connection with a case in Crime No.300 of 2017 dated 21.12.2017 on the file of the third respondent police as per Section 7(1) of Schedule Caste and Schedule Tribes (Prevention of Atrocities) Rules, 1995, on the basis of the representation dated 09.01.2018.

For Petitioner : M/s.T. Indrachithu For Respondents : Mr.Prabhu Ramachandran Government Advocate (Crl. Side)

O R D E R

This petition has been filed to direct the respondent nos. 1 and 2 to investigate the case in Crime No.300 of 2017, on the file of the third respondent by appointing an Investigating Officer not below the rank of the Deputy Superintendant of Police, as contemplated under Section 7(1) of Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989.

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2. The learned counsel appearing for the petitioner has submitted that based on the complaint given by the petitioner, the

third respondent has registered a case in Crime No.300 of 2017, for the offences under Section 294(b) of IPC r/w. Sec.3(1)(r), 3(1)(s) of the SC/ST (Prevention of Atrocities) Act, 1989. He further submitted that as contemplated under Section 7 of the said Act, the Officer not below the rank of the Deputy Superintendant of Police has to investigate the matter, but, contrary to the said provision, the third respondent is investigating the matter and hence, a suitable direction may be given to the respondent nos.1 and 2.

3. The learned Government Advocate (Crl. Side) has submitted that the third respondent, after registering the case, has handed over the case to the Deputy Superintendant of Police, Sankarankoil, for investigation and it is only the Deputy Superintendant of Police is investigating the matter.

4. Recording the aforesaid submission, the Criminal Original Petition is closed.

Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar To

1. The Director General of Police (Law and Order), State of Tamil Nadu, DGP Office, Dr. Radhakrishnan Salai, Mylapore, Chennai - 600 004 2.The Superintendant of Police, Thirunelveli District, Thirunelveli.

3.The Inspector of Police, Sankarankoil Taluk Police Station, Sankarankovil, Thirunelveli District.

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

+1CC to M/s.T.Indrachithu, Advocate, SR.No. 43469 Crl.O.P.(MD) No.977 of 2018 23.01.2018 trp AM/KKR/SAR 2/06.02.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/