Madras High CourtCRL OP(MD)/11236/2022disposed of

P.K.Ram Kumar v. The Deputy Superintendent Of Police

2022-08-03Honourable Mr Justice V.Sivagnanam5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.08.2022

CORAM:

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM P.K.Ram Kumar ... Petitioner Vs The Deputy Superintendent Of Police, Thoothukudi South Sub Division, Thoothukudi South Ps, Cr.No.533/2019.

... Respondent PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court to direct the learned Special Court for SC/ST (Prevention of Atrocities) Act, Thoothukudi to proceed with the trial in SC No. 62 of 2020, without insisting the accused who are refusing to receive the copies. For Petitioner : M/s. Vaigunth A S For Respondent : Mr.R.Suresh Kumar Government Advocate (Crl.Side) 1/5

ORDER

This Criminal Original Petition has been filed to direct the learned Special Court for SC/ST (Prevention of Atrocities) Act, Thoothukudi to proceed with the trial in SC No. 62 of 2020, without insisting the accused who are refusing to receive the copies.

2.The learned counsel for the petitioner submitted that the petitioner is the defacto complainant in this case. The respondent Police has registered a case against 21 accused persons in Crime No.533 of 2019, for the offences punishable under Sections 147, 148, 341, 294(b), 302, 506(ii) IPC and Section 3(2)(v) of SC/ST (Prevention and Atrocities) Act, 1989. After conducting investigation, final report has been filed and taken on file on 04.12.2019, as S.C.No.62 of 2020, on the file of Special Court for SC/ST (Prevention of Atrocities) Act, Thoothukudi. After that the case is not proceeded further and pending for long time, without any progress. Hence, this petition.

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3.The learned Government Advocate (Crl.Side) submitted that in this case copies had been furnished to the accused persons and posted for further proceedings.

4.Recorded. I considered the matter in the light of both side discussions.

5.Perusal of records, it is seen that the defacto complainant/ petitioner has lodged a complaint on 21.08.2019 and the same was registered in Crime No.533 of 2019, for the offences punishable under Sections 147, 148, 341, 294(b), 302, 506(ii) IPC and Section 3(2)(v) of SC/ST (Prevention and Atrocities) Act, 1989. After conducting investigation, final report has been filed and taken on file as S.C.No.62 of 2020, on the file of Special Court for SC/ST (Prevention of Atrocities) Act, Thoothukudi. 6.Further perusal of record reveals the fact that in Crl.OP(MD)No.18762 of 2019, this Court directed the trial Court to conduct trial on day-to-day basis and complete the trial within a period of three months, from the date of examination of first witness. Therefore, it is 3/5

needless to say anything more.

7.The trial Court is hereby directed to comply the order of this Court in Crl.OP(MD)No.18762 of 2019 and dispose of the case as directed. 8.With the above direction, this Criminal Original Petition stands disposed of.

03.08.2022 Internet:Yes Index:Yes PNM To 1.The Deputy Superintendent Of Police, Thoothukudi South Sub Division, Thoothukudi South Ps, Cr.No.533/2019.

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

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V.SIVAGNANAM, J.

PNM ORDER IN 03.08.2022 5/5