Madras High CourtCRL OP(MD)/14430/2025disposed of

Bharathiraja v. The District Magistrate / District Collector

2025-09-01Honourable Mr Justice Sunder Mohan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.09.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.14430 of 2025 Bharathiraja ... Petitioner/Victim Vs.

1.The District Magistrate / District Collector, Trichy District, Trichy.

2.State of Tamil Nadu, Represented by, The Deputy Superintendent of Police, Lalgudi Division, Trichy District.

3.State of Tamil Nadu, Represented by, The Inspector of Police, Lalgudi Police Station, Trichy District.

(Crime No.362 of 2022)

...Respondents

Prayer : Criminal Original Petition is filed under Section 528 of BNSS, directing the 1st respondent to appoint Mr.S.Sagar, Advocate as desired by the petitioner for conducting the prosecution in Spl.S.C.No.10 of 2023 on the file 1/5

of the 1st Additional District and Sessions Judge (PCR), Trichy as per Rule 4(5) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Rules, 1995.

For Petitioner : Mr.T.Lenin Kumar For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

The petitioner, who is an eye witness/victim in Crime No.362 of 2022, has sought for appointment of a Special Public Prosecutor in Spl.S.C.No.10 of 2023 on the file of the 1st Additional District and Sessions Judge (PCR), Trichy in terms of Rule 4(5) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995.

2. The petitioner had made a request in writing to the first respondent, who in turn had sought for a report from the Commissioner of Police, Tiruchirappalli District in his letter dated 12.08.2025. It appears that the case is now posted for trial on 03.09.2025. Therefore, the petitioner seeks for a direction to appoint the Special Public Prosecutor at the earliest as requested by him.

2/5

3. The learned Additional Public Prosecutor, on instructions, would submit that the Commissioner of Police would submit his report to the District Collector within a period of one week.

4. Recording the said submission, the Commissioner of Police, Tiruchirappalli District is directed to send a report to the District Collector within a period of one (1) week and the District Collector thereafter may pass suitable orders in accordance with law.

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

01.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Lm Note: Issue order copy by 02.09.2025.

To 1.The District Magistrate / District Collector, Trichy District, Trichy.

3/5

2.The Deputy Superintendent of Police, State of Tamil Nadu, Lalgudi Division, Trichy District.

3.The Inspector of Police, State of Tamil Nadu, Lalgudi Police Station, Trichy District.

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

5.The Commissioner of Police, Tiruchirappalli District.

4/5

SUNDER MOHAN, J.

Lm Crl.O.P(MD).No.14430 of 2025 01.09.2025 5/5