Madras High CourtCRL OP(MD)/6210/2016disposed of

S.Muthulakshmi v. The Superintendent Of Police

2016-04-22Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.04.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP(MD) No.6210 of 2016 S.Muthulakshmi ..

Petitioner Vs 1.The State represented by The Superintendent of Police, O/o Superintendent of Police, Madurai District.

2.The Inspector of Police, Usilampatti Nagar (Town) Police Station, Madurai District.

(Crime No.158 of 2016) .. Respondent Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondent No.2 to invoke appropriate provisions in the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 and to file a charge-sheet in Crime Number 158 of 2016 within a stipulated time as fixed by this Court.

For Petitioner :Mr.R.Karunanidhi For Respondent :Mrs.S.Prabha Government Advocate(Crl.Side)

O R D E R

This petition has been filed to direct the respondent No.2 to invoke appropriate provisions in the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 and to file a charge-sheet in Crime Number 158 of 2016 within a stipulated time as fixed by this Court.

2. Heard the learned counsel for the petitioner and the learned Government Advocate(Crl.Side) appearing for the State.

3. On the complaint lodged by the petitioner, the respondent police have registered a case in Cr.No.158 of 2016 on 18.03.2016 under Sections 294(B), 323, 324, 506(ii) I.P.C. and Section 4 of Tamil Nadu Women Harassment Act r/w 3(1)(X) of SC/ST (Prevention of Atrocities) Act and the investigation is in progress. Now the petitioner seeks a direction to the respondent police to invoke appropriate provisions in the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 and file charge sheet in Cr.No.128 of 2016 within a stipulated time.

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4. It is seen that the case was registered only in the year 2016 and the investigation is in progress. Taking into consideration the nature of allegations in the F.I.R., it is not a fit case for issuing a direction to the respondent police to complete the investigation within a fixed time frame. However, the respondent police is directed to expeditiously conduct the investigation in Cr.No.158 of 2016 and during the course of investigation, if offences under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 come to light, it is needless to state that the said provisions should be included in the final report if any. If it is found that the allegations were false, it is open to the respondent police to file a closure report after due notice to the defacto complainant/petitioner.

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

Sd/- Assistant Registrar (Records) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, O/o Superintendent of Police, Madurai District.

2.The Inspector of Police, Usilampatti Nagar (Town) Police Station, Madurai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.R. KARUNANIDHI, Advocate, SR No.22879 Crl.OP No.6210 of 2016 22.04.2016 SH/AAL-MPA:05.05.2016:2P/5C https://hcservices.ecourts.gov.in/hcservices/