Madras High CourtWP(MD)/14380/2021dismissed

Mamallam Thakanagamuthu v. The Superintendent Of Police

2022-02-22Honourable Mr Justice G.K. Ilanthiraiyan2 pages

W.P.(MD).No.14380 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.02.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.(MD).No.14380 of 2021 Mamallan Thakanagamuthu ... Petitioner Vs.

1.The Superintendent of Police, Theni District.

Theni.

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

3.Jeyachandran, The Inspector of Police, Chinamanur Police Station, Theni District.

4.Muthuselvan, The Sub Inspector of Police, Chinamanur Police Station, Theni District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the 1st and 2nd respondents to consider the petitioner's representation dated 20.07.2020 and take action against the 3rd and 4th respondents under section 4(2) (b) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 and rules, within the time limit that may be stipulated by this Court. For Petitioner : Mr.A.D.Ganeshamoorthi For R-1 and R-2 : Mr.K.Sanjai Gandhi Government Advocate(Crl. Side)

ORDER

This Writ Petition has been filed for issuance of Mandamus to direct the 1st and 2nd respondents to consider the petitioner's representation dated 20.07.2020 and take action against the 3rd and 4th respondents under section 4(2)(b) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 and rules, within the time limit that may be stipulated by this Court. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.14380 of 2021

2. The petitioner submitted representation alleging that the respondents 3 and 4 did not register the case as against the accused persons under the SC/ST Act.

3. The learned Government Advocate(Criminal Side) submitted that the second respondent registered the case on the complaint lodged by the petitioner as against the accused persons in Crime No.896 of 2020 for alleged offences punishable under Section 294(b), 324, 326, 506(2) and Section 34 of IPC and Section 3(1)(r), 3(1), 3 (2)(va) and 3(e)(v) of the SC/ST Act. Now, after completion of investigation, charge sheet was filed and the same has been taken cognizance in C.CNo.199 of 2020 on the file of the PCR Court, Theni.

4. Therefore, the prayer sought for in the Writ Petition cannot be granted. This Writ Petition is devoid of merits. This Writ Petition is dismissed. No costs.

Sd/- Deputy Registrar(LA & MC) // True Copy // / /2022 Sub Assistant Registrar(CS) Lm Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Superintendent of Police, Theni District.

Theni.

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

+1 CC to M/s.A.D.GANESHA MOORTHI, Advocate ( SR-7948[F] dated 23/02/2022 ) W.P.(MD).No.14380 of 2021 22.02.2022 sb(CO) TR(18.03.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2