1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.03.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Crl.O.P.(MD)No.2802 of 2011 Ravichandran ... Petitioner Vs. 1.The District Collector, Office of the District Collector, Karur District. 2.The Superintendent of Police, Office of the Superintendent of Police, Karur District. 3.The Deputy Superintendent of Police, Kulithalai Range, Karur District. 4.The Inspector of Police, Balaviduthi Police Station, Karur District. ..Respondents PRAYER: This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the respondent No.3 to complete the investigation and file charge sheet before the jurisdictional magistrate in crime No.160 of 2010 pending on the file of the 4th respondent, consequently direct the 1st respondent to provide relief amount to the petitioner under serial No.10 of Annexure I Schedule under rule 12(4) of the Scheduled castes and Scheduled Tribes (Prevention of Atrocities) Rules 1995 by considering the representation preferred by the petitioner dated 03.12.2010 in accordance with law within the time stipulated by this Court. For Petitioner :Mr.R.Alagumani For Respondent :Mr.L.Murugan Govt. Advocate (Crl.side) ORDER This petition has been filed by the petitioner to direct the respondent No.3 to complete the investigation and file charge sheet before the jurisdictional magistrate in crime No.160 of 2010 pending on the file of the 4th respondent, consequently direct the 1st respondent to provide relief amount to the petitioner under serial No.10 of Annexure I Schedule under rule 12(4) of the Scheduled castes and Scheduled Tribes (Prevention of Atrocities) Rules 1995 by considering the representation preferred by the petitioner dated 03.12.2010 in accordance with law within the time stipulated by this Court. https://hcservices.ecourts.gov.in/hcservices/ 2 2.Heard Mr.R.Alagumani, learned counsel for the petitioner and Mr.L.Murugan, learned Government Advocate (criminal side) appearing for the State. 3.The learned counsel appearing for the petitioner would submit that on the basis of the complaint given by the petitioner, the case has been registered in crime No.160 of 2010 by the 4th respondent police and the investigation is still pending and no charge sheet has been filed so far and therefore, he would request the Court that suitable direction may be given to the 3rd respondent to complete the investigation and file the charge sheet. 4.The learned Government Advocate (criminal side) would submit in his argument that the matter has been investigated and a report has also been submitted before the District Collector for closing the case which has to be ordered by the Vigilance Committee. He would also submit that after receiving the approval from the Vigilance Committee, the said report as to 'Mistake of Fact' would be submitted before the said jurisdictional magistrate and it will be closed and therefore, there is no question to any completion of investigation in this case. 5.He would further submit in his argument that the petitioner is not entitled for the relief since he has filed the petition only on 28.02.2011 when the report as to 'Mistake of Fact' has been submitted to the District Collector already on 25.02.2011. Therefore, he would request that suitable orders may be passed in the facts and circumstance of the case. 6.I have given anxious thoughts to the arguments advanced on either side. 7.No doubt, it is true that the investigation has been completed by the 3rd respondent police and report of 'mistake of fact' has been submitted before the District Collector, who is heading the Vigilance Committee of the District, for dropping the case. It is also true that the report as to 'Mistake of Fact' would be submitted by the jurisdictional magistrate for ascertaining consent from the said Director of Vigilance Committee. 8.Therefore, the petitioner's plea for completion of the investigation and filing of the charge sheet are not available now and the petition filed by the petitioner seeking a direction to the 3rd respondent to complete the investigation in crime No.160 of 2010 pending on the file oft he 4th respondent is liable to be dismissed. However, the petitioner is not remediless. He is at liberty to proceed in accordance with law for seeking further investigation and for passing necessary orders before this Court. The filing of the charge sheet will entail the petitioner to seek for compensation towards the atrocity committed against him. https://hcservices.ecourts.gov.in/hcservices/ 3 9.In the said circumstances, a liberty is given to the petitioner to proceed in accordance with law for necessary further investigation in this case and to seek further relief in consequence there on and with the said relief, this petition is dismissed. Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Office of the District Collector, Karur District. 2.The Superintendent of Police, Office of the Superintendent of Police, Karur District. 3.The Deputy Superintendent of Police, Kulithalai Range, Karur District. 4.The Inspector of Police, Balaviduthi Police Station, Karur District. 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1cc to Mr.R.Alagumani, Advocate Sr.No.11202 arul akm/14.03.11 /3p-7c/ Crl.O.P.(MD)No.2802 of 2011 03.03.2011 https://hcservices.ecourts.gov.in/hcservices/