N.R. Bhooma v. The Inspector General Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.02.2022 CORAM :

THE HON'BLE MR JUSTICE G.ILANGOVAN and Crl.MP(MD)No.4465, 4466 & 4468 of 2019 1.N.R.Booma Inspector Cum Thakkar, Hindu Religious & Charitable Endowments Department, Thirupanandal Circle, Thanjavur District.

... 1st Petitioner/Defacto Complainant 2.R.Venkataraman ... 2nd Petitioner (Impleaded as second petitioner as per the order of this Court in Crl.OP(MD)No.5730 of 2019 vide order dated 27.04.2019 by NSSJ) Vs.

1.The Inspector General of Police, Idol Wing, Special Camp Office, Trichy.

2.The Superintendent of Police, Thanjavur District, Thanjavur - 613 010.

3.The Deputy Superintendent of Police, Thiruvidaimarudur Taluk, Thiruvidaimarudur, Thanjavur District.

4.The Inspector of Police, Pandanallur Police Station, Pandanallur, Thanjavur District.

(Crime No.136 of 2018) 5.The Inspector of Police Cum Investigating Officer - Mr.Ellango Idol Wing, Trichy Division, O/o of the IGP, Idol Wing Special Camp Office, Trichy.

... Respondent/Dejuri Complainant 1/4

Prayer in Crl.O.P.(MD)No.5730 of 2019 :

Criminal Original Petition filed under section 482 of Criminal Procedure Code, to alter the First Information Report in the colum No.9 particulars of the properties stolen/involved as; three idols namely, " Vinayagar Kal Silai, Perumal Kal Silai & Thayar Kal Silai: instead of mentioned now as: " Thoppai Pillaiyar Kal Silai, Subramaniyar Kal Silai, Theivayanai Kal Silai & Valli Kal Silai" in Crime No.136 of 2018 on the file of the 4th respondent as narrated in the proceedings of the 2nd respondent/Superintendent of Police, Thanjavur District, vide his order/Proceedings dated 26.06.2018, in R.C.No.C1/21564/2018. Prayer in Crl.MP(MD)No.4465 of 2019 : Criminal Original Petition filed under section 482 of Criminal Procedure Code, to order to conduct an enquiry commission on the investigation of the previous I.O Thiru. ADSP Kumar and on the allegations on him. Prayer in Crl.MP(MD)No.4466 of 2019 :

Criminal Original Petition filed under section 482 of Criminal Procedure Code, to pass order to ban additional assignment to Inspectors and Executive Officers in HR&CE Department.

Prayer in Crl.MP(MD)No.4468 of 2019 : Criminal Original Petition filed under section 482 of Criminal Procedure Code, to pass orders for immediate inspection of temples under the team headed by the Special Officer-SIT-Idol (Theft Cases), Shri.A.G.PonnManickavel, IPS., (Retd.,) the Assistant Commissioner HR&CE, Kumbakonam, District Revenue Officer, Thanjavur District, to inspect and report the actual status of existence of the village temples under the Thirupanandal Zone under the control of the Assistant Commissioner HR&CE, Kumbakonam.

For P1 : Mr.R.Prakash For P2 : Mr.R.Venkataraman (Party in person) For R1 to R5 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor

O R D E R

This petition is filed seeking alteration of FIR in the colum No.9 particulars of the properties stolen/involved as three idols namely, "Vinayagar Kal Silai, Perumal Kal Silai & Thayar Kal Silai" instead of "Thoppai Pillaiyar Kal Silai, Subramaniyar Kal Silai, Theivayanai Kal Silai & Valli Kal Silai" in Crime No.136 of 2018, on the file of the fourth respondent as narrated in the proceedings of the second respondent/Superintendent of Police, Thanjavur District, vide his order/Proceedings dated 26.06.2018, in R.C.No.C1/21564/2018.

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2.The second petitioner, who is party in person appeared before this Court through video conference and would submit that he has filed Crl.MP(MD)Nos.4465, 4466 & 4468 of 2019 seeking various relief.

3.The learned Additional Public Prosecutor would submit that now the grievance of the petitioners was redressed by way of filing alteration report before the concerned Jurisdictional Court, on 26.04.2019. The copies are also circulated. This petition was filed on 12th April 2019 before the preparation of alteration report. It has been presented before the concerned Court on 29.04.2019. A copy of the alteration report shows that it has been received by the concerned Court and on the date itself, it has been entered into the Register also. Since the grievance of the petitioner is rectified, the matter has become infructuous.

4.The Intervenor/Second petitioner herein would submit that his miscellaneous petitions must be tagged along with the FIR. Such a prayer is beyond the scope of this petition. If at all, the Intervenor/second petitioner got any grievance with regard to the course of investigation, he can very well appear before the Investigating Officer and give statement by setting out the facts and circumstances, which have been mentioned in the Criminal Miscellaneous Petitions.

5.The learned Additional Public Prosecutor would further submit that inspite of summons, the Intervenor/second petitioner has not appeared before the Investigating Officer and give a statement. 6.The second petitioner is directed to appear before the Investigating Officer and give statement. The same may be recorded by the Investigating Officer and the investigating Officer is directed to proceed with the investigation as per law. Even after, the Intervenor is not satisfied with regard to the investigation process, he can workout his remedy through appropriate proceedings. 7.With the above said liberty and direction, this Criminal Original Petition is disposed of. Consequently, the connected Criminal Miscellaneous Petitions are closed with the above said liberty.

Sd/- Assistant Registrar () // True Copy // / /2022 Sub Assistant Registrar(CS) dss 3/4

To 1.The Inspector General of Police, Idole Wing, Special Camp Office, Trichy.

2.The Superintendent of Police, Thanjavur District, Thanjavur - 613 010.

3.The Deputy Superintendent of Police, Thiruvidaimarudur Taluk, Thiruvidaimarudur, Thanjavur District.

4.The Inspector of Police, Pandanallur Police Station, Pandanallur, Thanjavur District.

(Crime No.136 of 2018) 5.The Inspector of Police Cum Investigating Officer - Mr.Ellango Idol Wing, Trichy Division, O/o of the IGP, Idol Wing Special Camp Office, Trichy.

6.R.Venkatraman, S/o.Late, R.Rajagopal, RVR House, 1,2&3, Thirumalai Street, Jail Balaji Nagar, K.K.Nagar, Chennai-600 078.

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

and Crl.MP(MD)No.4465, 4466 & 4468 of 2019 28.02.2022 RK(04/04/2022) 4P 8C 4/4