Jeyandran v. The Commissioner of Police

ORDER This Criminal Original Petition is filed seeking for a direction to the respondent police to complete the investigation in Crime No.3 of 2016 dated 08.11.2016.

¶2It is submitted by the learned counsel for the petitioner that on a complaint given by the petitioner / defacto complaint, the police registered a case in Crime No.880 of 2022 against the accused for the offence under Sections 147, 294(b), 323 and 506(i). It is also submitted that earlier also on a complaint given by the defacto complainant, a case in Crime No.36 of 2022 was registered before the Ettayapuram Police Station, Thoothukudi District for the offences under Section 147, 294(b), 506(2) and Section 4 of Women Harassment Act. It is submitted that in both the crime numbers, though the defacto complainant is belonging to ST community, police have not registered a case under the relevant provisions of SC/ST prevention of Atrocities Act and in the case on hand, there is no substantial progress in the investigation for registration of the FIR. Therefore, he sought for suitable direction to the respondent police.

¶3According to the learned Government Advocate, the police have examined four witnesses. Since it is alleged that the police have not considered to include the relevant provisions of SC/ST (Prevention of Atrocities)Act, while proceeding with the investigation, police are directed to consider whether the accused have committed any offence under the provisions of SC/ST(POA) Act and directed to complete the investigation within a period of eight weeks from the date of the order.

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

25.07.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No pnn

DR. D.NAGARJUN, J. pnn To

1.The Commissioner of Police, Office of the Commissioner of Police, Madurai District.

2.The Assistant Commissioner of Police, Office of the Assistant Commissioner of Police, Thallakulam, Madurai District.

3.The Inspector of Police, Thallakulam Police Station, Madurai District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ORDER IN Crl.O.P.(MD)No.13326 of 2023 Date: 25.07.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 25.07.2023 CORAM: The Hon`ble Dr.Justice D.NAGARJUN Crl.O.P.(MD)No.13326 of 2023 Jeyandran ... Petitioner Vs 1.The Commissioner of Police, Office of the Commissioner of Police, Madurai District. 2.The Assistant Commissioner of Police, Office of the Assistant Commissioner of Police, Thallakulam, Madurai District. 3.The Inspector of Police, Thallakulam Police Station, Madurai District. ... Respondents Prayer : Petition filed under Section 482 of Cr.P.C., to direct the respondent No.3 to expeditiously complete the investigation and file the final report in Crime No.880 of 2022 on the file of the respondent No.3 in accordance with law within the time stipulated by this Court. For Petitioner : M/S. R.Alagumani For Respondent : Mr.S.S.Madhavan Government Advocate (Criminal Side)