Madras High CourtCRL OP(MD)/5111/2022disposed of

Kamalanathan v. The Superintendent Of Police

2022-03-18Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.5111 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.03.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.5111 of 2022 Kamalanathan ... Petitioner Vs

1. The Superintendent of Police, Office of the Superintendent of Police, Karur District.

2. The Deputy Superintendent of Police, Karur, Karur District.

3. The Inspector of Police, Thanthonimalai Police Station, Karur District.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Respondent No.3 to include the relevant provision of the Tamil Nadu Prohibition of Charging Exorbitant Interest Act,2003 in Crime No.52 of 2022 on the file of the Respondent No.3 dated 27.01.2022 in accordance with law within the time stipulated by this Court.

For Petitioner : Mr.R.Alagumani For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

O R D E R

This petition has been filed to direct the third respondent to include the relevant provision of the Tamil Nadu Prohibition of Charging Exorbitant Interest Act, 2003 in Crime No.52 of 2022. 2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents. 3.On the complaint lodged by the petitioner, the third respondent registered Crime No.52 of 2022 for the offences under Sections 147, 294(b), 322, 324 and 506(ii) of IPC and Section 3(1) (r), 3(1)(s) and 3(2)(va) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Amendment Act, 2015. However, the third respondent failed to incorporate any offence under the provision of the Tamil Nadu Prohibition of Charging Exorbitant Interest Act, 2003 as against the accused, though there are specific overt act to attract the said offences.

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Crl.O.P.(MD) No.5111 of 2022 4.Considering the above, the third respondent is directed to complete the investigation and file the final report in Crime No.52 of 2022 before the concerned Court within a period of three months from the date of receipt of a copy of this order. If any material is found to attract the offence under provision of the Tamil Nadu Prohibition of Charging Exorbitant Interest Act, 2003, the third respondent accordingly shall alter the offence and file the final report.

5.With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (RTI) // True Copy // / /2022 Sub Assistant Registrar(CS) ias To

1. The Superintendent of Police, Office of the Superintendent of Police, Karur District.

2. The Deputy Superintendent of Police, Karur, Karur District.

3. The Inspector of Police, Thanthonimalai Police Station, Karur District.

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

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