Kaliyaperumal vs Anbazhagan
2021 Latest Caselaw 9526 Mad

                                                                             Crl.A.No.161 of 2021

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 15.04.2021

                                                      CORAM:

                                THE HON'BLE Mr. JUSTICE P.VELMURUGAN

                                            Criminal Appeal No.161 of 2021

                      Kaliyaperumal                                            ... Appellant

                                                          ..vs..
                      Anbazhagan                                               ... Respondent

                            Criminal Appeal filed under Section 14 A of Scheduled Castes and
                      Scheduled Tribes (Prevention of Atrocities) Act, 1989 r/w amended act
                      2015 to set aside the order in Cr.M.P.No.566 of 2020 passed by the
                      learned Special Court for Exclusive Trial of SC/ST Cases, Nagapattinam
                      dated 22.02.2021 and direct the learned Special Judge to take cognizance
                      and proceed against the respondent/accused.

                            For Appellant             :        Mr.R.Thirumoorthy

                                                  JUDGMENT

By consent of the learned counsel for the appellant, the matter is

taken up today for final disposal at the admission stage itself, without

issuing notice to the respondent.

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2.This Criminal Appeal has been filed against the order dated

22.02.2021 in Cr.M.P.No.566 of 2020 on the file of the learned Special

Court for Exclusive Trial of SC/ST Cases, Nagapattinam and to direct the

learned Special Judge to take cognizance and proceed against the

respondent/accused.

3.The learned counsel for the appellant would submit that the

Appellant/complainant lodged a complaint against the respondent/

accused for the offences under Section 294(b) and 441 IPC and under

Section 3(1)(x) of Scheduled Castes and Scheduled Tribes (Prevention of

Atrocities) Act, 1989 [hereafter 'SC/ST Act' for the sake of convenience]

before the Inspector of Police, Thiruvengadu Police Station. Based on the

complaint, the Inspector of Police, Thiruvengadu Police Station

investigated the matter and closed the complaint. Thereafter, the appellant

filed a complaint under Section 200 Cr.P.C before the learned District

and Sessions Judge, Special Court for Exclusive Trial of SC/ST Act

Cases, Nagapattinam. After hearing, the learned Sessions Judge

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dismissed the petition. Challenging the said order, the appellant is before

this Court.

4.On a careful perusal of the records and the submissions made by

the learned counsel for the appellant, it would reveal that admittedly, the

appellant lodged a complaint against the respondent before the Inspector

of Police, Thiruvengadu Police Station. Since the allegation involved in

the complaint is for the offence under Section 3(1) (x) of SC/ST Act

Cases, the investigation should be done by the Deputy Superintendent of

Police. However, in the present case, the Inspector of Police himself

conducted a formal enquiry and closed the complaint, which is against

the statutory provisions under Section SC/ST Act and he has no authority

to investigate the matter and conduct enquiry.

5.The grievance of the appellant has to be filed before the

Superintendent of Police. However, the appellant has not approached the

Superintendent of Police against the attitude of the Inspector of Police,

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straight away filed the petition under Section 200 Cr.P.C before the

designated Court. The learned Sessions Judge without applying his mind

simply dismissed the petition.

6. In the light of the above facts, this Court finds that there is a

prima facie case made out by the complainant/appellant. Since the

Inspector of Police has already filed the report and closed the complaint,

if once again the appellant filed the complaint before the same police

station, it would prejudice the case of the appellant. The order of the

learned Sessions Judge is set aside.

7.In view of the above reasonings, this Criminal Revision Case is

disposed of by granting liberty to the appellant to file a fresh complaint

before the Superintendent of Police, Nagapattinam. On receipt of the

same, the Superintendent of Police, Nagapattinam is directed to forward

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the complaint to the Deputy Superintendent of Police, Nagapattinam

District and to investigate the matter and file charge sheet in accordance

with law. The Superintendent of Police, Nagapattinam is directed to

monitor the Deputy Superintendent of Police to ensure fair investigation.

15.04.2021

Internet: Yes/No ms

To

1.The Special Judge, Special Court for Exclusive Trial of SC/ST Cases, Nagapattinam.

2.The Superintendent of Police, Nagapattinam District.

3.The Public Prosecutor, High Court, Madras.

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P.VELMURUGAN, J.

ms

Crl.A.No.161 of 2021

15.04.2021

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