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Madras High CourtCRL OP(MD)/12351/2013disposed of

K.Ravichandran v. The District Collector And

2015-06-24Honourable Mr Justice M.M.Sundresh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.04.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Crl.O.P.(MD)No.12351 of 2013 and M.P(MD)No.1 of 2013 and Crl.O.P.(MD)No.2634 of 2015 and M.P(MD)No.1 of 2013 Crl.O.P(MD)No.12351 of 2013 K.Ravichandran ... Petitioner Vs.

1. The District Collector and District Magistrate,

2. The Additional Director General of Police, Human Rights and Social Justice Crime Investigation Department, Chennai.

3. The Superintendent of Police, Office of the Superintendent of Police,

4. The Deputy Superintendent of Police, Orathanadu Range,

5. The Inspector of Police, Orathanadu Police Station, ... Respondents PRAYER: This petition is preferred under Section 482 Cr.P.C to direct the respondent No.5 to include Section 326, 307 of Indian Penal Code read with Section 3(2)(v) of Schedule Caste and Schedule Tribes Prevention of Atrocities Act, 1989 in Crime No.120 of 2013 on the file of the Respondent No.5, consequently to direct the Respondent No.2 to withdraw the case in Crime No.120 of 2013 on the file of the Respondent No.5 and to entrust the same to any one of the Deputy Superintendent of Police other than Respondent No.4 to complete the investigation.

Crl.O.P(MD)No.2634 of 2015 K.Ravichandran ... Petitioner Vs.

1. The Superintendent of Police,

2. The Deputy Superintendent of Police, Orathanadu Sub-Division,

3. The Inspector of Police, Orathanadu Police Station, ... Respondents PRAYER: This petition is preferred under Section 482 Cr.P.C to direct the learned Additional District and Sessions Judge (P.C.R.), Thanjavur to withdraw the case in S.S.C.23 of 2014 from the file of the Honourable Additional District and Sessions Court (P.C.R), Thanjavur and Transfer the same to the Honourable Principal District Judge/PCR Cases, Trichy or any other special Court for P.C.R. cases within the time stipulated by this Honourable Court.

For Petitioner : Mr.R.Alagumani in both the cases For Respondents : Mrs.S.Prabha Government Advocate(Crl.Side) in both the cases

ORDER

The issue involved in both the cases are one and the same and hence both the cases were heard together and a common order is passed.

2. The grievance of the petitioner is two fold in nature. The first grievance is that the pending representation on 13.10.2014 seeking an appointment of Senior Advocate as Mandatory as Rule 4(6) of the Schedule Caste and Schedule Tribes(Prevention of Atrocities) Act, 1989 has to be disposed of by the District Magistrate viz., District Collector, Thanjavur. The second grievance it appears to be the non-payment of compensation as requested by the petitioner's representation dated 05.06.2013 to the District Collector, Thanjavur.

3.Taking note of the above said grounds, the direction is issued to the District Collector/District Magistrate, Thanjavur to dispose of the pending representations dated 13.10.2014 and 05.06.2013 within a period of six weeks from the date of receipt of a copy of this order. The question of inclusion of charges would be decided later.

4.Post these matters after eight weeks.

5. In the meanwhile, the proceedings before the trial Court is stayed.

Sd/- Assistant Registrar(A.S.,) /True Copy/ Sub-Assistant Registrar To

1. The District Collector and District Magistrate, Thanjavur District. [Send Directly]

2. The Additional Director General of Police, Human Rights and Social Justice Crime Investigation Department, Chennai.

3. The Superintendent of Police, Office of the Superintendent of Police,

4. The Deputy Superintendent of Police, Orathanadu Range, Thanjavur District.

5. The Inspector of Police, Orathanadu Police Station, Thanjavur District.

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

Crl.O.P(MD).Nos.12351 of 2013 and Crl.O.P(MD)No.2634 of 2015 17.04.2015 am msm 22.04.2015 p3/7c(IT)