Arockia Jency v. C.M.Muthusamy

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 15.03.2024

CORAM

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH and Crl. M.P (MD) No.3241 of 2024 1.Arockia Jency 2.V.Saranya .. Petitioners Vs.

1.C.M.Muthusamy 2.The Superintendent of Police, Thoothukudi District, Thoothukudi.

3.The Deputy Superintendent of Police, Kovilpatti Sub Division, Kovilpatti, Thoothukudi District.

4.The Inspector of Police, West Police Station, Kovilpatti, Thoothukudi District.

... Respondents 1/5

PRAYER : Criminal Revision Case is filed under Sections 397 r/w 401 of the Criminal Procedure Code, to call for the order passed by the learned Sessions Judge, Special Court for Trial of Cases under SC/ST (PoA) Act, Thoothukudi (FAC) in Cr.M.P.No.127 of 2024, dated 01.02.2024 and set aside the same insofar as the petitioners are concerned.

For Petitioners : Mr.P.Pillai Vinayagam For Respondents : Mr.M.Muthumanikkam Government Advocate (Crl. Side)

ORDER

Challenging the order passed by the learned Sessions Judge, Special Court for Trial of Cases under SC/ST (PoA) Act, Thoothukudi (FAC), dated 01.02.2024 in Cr.M.P.No.127 of 2024, the present Criminal Revision has been filed by the petitioner.

2. Heard Mr.P.Pillai Vinayagam, learned counsel for the petitioner and Mr.M.Muthumanikkam, learned Government Advocate (Crl. Side) appearing for the respondents.

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3. The case of the petitioners is that while they are imparting their official duty at the time of alleged occurrence, the first respondent herein has allegedly restrained the petitioners from doing their official law and order work.

4. Per contra, as per the complaint of the first respondent, there is a specific allegation made against the petitioners, who are working as Sub-Inspector of Police and Head Constable, stating that when he went to the Police Station for inquiry, he was abused and humiliated by the petitioners herein and that he also produced certain documents to substantiate his claim.

5. A perusal of the record reveals that the learned Sessions Judge, Thoothukudi, deems it appropriate to forward the complaint of the first respondent to the jurisdictional Inspector to register a case and to investigate the same by following due process of law and thus directed acccordingly. This Court finds no illegality or perversity in the findings of the learned Sessions Judge and at this stage, it is for the petitioners to raise all their contentions before the Investigating Officer. Therefore, this Court is 3/5

not inclined to interfere with the impugned order of the learned Sessions Judge.

6. Accordingly, this Criminal Revision Case stands dismissed. Consequently, the connected miscellaneous petition is closed. 15.03.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No PKN To

1. The Superintendent of Police, Thoothukudi District, Thoothukudi.

2.The Deputy Superintendent of Police, Kovilpatti Sub Division, Kovilpatti, Thoothukudi District.

3.The Inspector of Police, West Police Station, Kovilpatti, Thoothukudi District.

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VIVEK KUMAR SINGH, J.

PKN 15.03.2024 5/5