Madras High CourtCRL OP(MD)/17854/2018disposed of

Dr. Ramalingan v. The Superintendent Of Police

2019-11-20Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.17854 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.11.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.17854 of 2018 Dr.Ramalingam ... Petitioner Vs 1.The Superintendent of Police, O/o.The Superintendent of Police, Sivagangai District, Sivagangai.

2.The Deputy Superintendent of Police, O/o.Deputy Superintendent of Police, Sivagangai District, Sivagangai.

3.The State, rep. by The Inspector of Police, Manamadurai Police Station, Sivagangai District.

Crime No.191 of 2018.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the 2nd respondent to include the offences under Section 3(1)(c)(r)(s) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Section 2(4) of Act 48 of 2008 Tamil Nadu Medicate Service Persons and Medicare Service Institutions (Prevention of violence and damage or loss to Property) Act dated 16.07.2018 in crime No.191 of 2018 pending on the file of the 3rd respondent within the time stipulated by this Court. For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mr.R.Anandharaj, APP

O R D E R

This petition has been filed to direct the 2nd respondent to include the offences under Section 3(1)(c)(r)(s) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Section 2(4) of Act 48 of 2008 Tamil Nadu Medicate Service Persons and Medicare Service Institutions (Prevention of violence and damage or loss to Property) Act dated 16.07.2018 in crime No.191 of 2018 pending on the file of the 3rd respondent within the time stipulated by this Court.

2.The learned Additional Public Prosecutor submitted that after due investigation, the 3rd respondent filed charge sheet against the accused persons and the same is pending for taking cognizance by the learned Judicial Magistrate concerned.

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Crl.O.P.(MD) No.17854 of 2018 3.In view of the said submission, the prayer sought for by the petitioner cannot be considered. Accordingly, this criminal original petition is dismissed. However, the petitioner is at liberty to invoke the provision under Sections 216 and 319 of Cr.P.C., before the trial Court to include other offences, if there is any incriminating evidence as against the accused persons during the trial.

Sd/- Assistant Registrar (Crl.side) // True Copy // Sub Assistant Registrar(CS) Arul To 1.The Superintendent of Police, O/o.The Superintendent of Police, Sivagangai District, Sivagangai.

2.The Deputy Superintendent of Police, O/o.Deputy Superintendent of Police, Sivagangai District, Sivagangai.

3.The State, rep. by The Inspector of Police, Manamadurai Police Station, Sivagangai District.

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

+1 CC to M/s.T. LAJAPATHY ROY, Advocate ( SR-100157[F] dated 21/11/2019 ) Order made in CRL.O.P (MD) No.17854 of 2018 20.11.2019 SMA/11/12/19/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2