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Madras High CourtCRL OP(MD)/3219/2023disposed of

Vairavakesu v. The District Collector

2023-09-01Honourable Dr. Justice D.Nagarjun4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.09.2023

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN Vairavakesu ... Petitioner Vs 1.The District Collector, Office of the District Collector, Ramanathapuram District.

2.The Superintendent of Police, Office of the Superintendent of Police, Ramanathapuram District.

3.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Ramanathapuram Sub Division, Ramanathapuram District.

4.The Inspector of Police, Devipattinam Police Station, Ramanathapuram District.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to direct the respondent No.1 to appoint Mr.S.Murugaboopathy, Advocate, Ramanathapuram District as Special Public Prosecutor for conduct the case in Spl.S.C.No.12 of 2020 pending on the file of the Hon'ble Special Court for Trial of Cases registered under SC/ST (POA) Act, Ramanathapuram, as per Rule 4 (5) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995, in accordance with law within the time stipulated by this Court.

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For Petitioner : Mr.R.Alagumani For R-1 to R-4 : Mr.SS.Madhavan Government Advocate (Criminal Side)

O R D E R

This petition is filed under Section 482 of Cr.P.C. seeking for a direction to respondent No.1 to appoint Mr.S.Murugaboopathy, Advocate, Ramanathapuram District, as Special Public Prosecutor to conduct the case in Spl.S.C.No.12 of 2020.

2. It is submitted by the petitioner / defacto complainant that on the complaint of the petitioner, a case has been registered against the accused in Spl.S.C.No.12 of 2020 for the offences under Sections 147 of I.P.C. r/w Sections 3 (1) (r) (s) and 3 (2) (va) of the SC/ST (Prevention of Atrocities) Act, 1989. It is submitted that, in spite of that, the case may likely for disposal in the year 2020, there is no substantial progress and it is submitted that the petitioner has filed an application before respondent No.1 / the District Collector to appoint Special Public Prosecutor and since there is no response from the respondent No.1 / District Collector, appropriate directions are sought for.

3. Considering the submissions made by learned counsel for the petitioner and on hearing of both sides, this petition is disposed of, directing respondent No.1 / the District Collector, Ramanathapuram District, 2/4

to expedite the disposal of request of the petitioner as per the representation dated 02.02.2023 and dispose of the representation within a period of four weeks from the date of receipt of a copy of this order. 01.09.2023 NCC:yes/no Index:yes/no Internet:yes/no tsg To 1.The District Collector, Office of the District Collector, Ramanathapuram District.

2.The Superintendent of Police, Office of the Superintendent of Police, Ramanathapuram District.

3.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Ramanathapuram Sub Division, Ramanathapuram District.

4.The Inspector of Police, Devipattinam Police Station, Ramanathapuram District.

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

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DR.D.NAGARJUN, J.

tsg 01.09.2023 4/4