Madras High Court
M.Sethupathi vs The District Collector on 30 January, 2019
Author: A.D. Jagadish Chandira
Bench: A.D. Jagadish Chandira
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 30.01.2019
CORAM:
THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA
Crl.O.P.(MD).No.1386 of 2019
M.Sethupathi .. Petitioner
Vs.
1.The District Collector,
Collectorate, Theni District.
2.The Deputy Superintendent of Police,
O/o the Deputy Superintendent of Police.
Aundipatty Taluk, Theni District.
3.The Inspector of Police,
Gandamanur Vilakku Police Station,
Theni District.
(Crime No.314 of 2016) .. Respondents
PRAYER: Criminal Original Petition filed under Section 482 of the
Cr.P.C., to issue a direction directing the respondent Nos.1 to 3 to
appoint one Mr.G.Bhagavath Singh, practicing Advocate of Madurai
District as Special Public Prosecutor to conduct the trial in Special
S.C.No.14 of 2017 on the file of the Principal District and Sessions
Court, Theni in Crime No.314 of 2016, dated 18.10.2016 on the file of
the respondent No.3 as per Rule 4 (5) of Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Rules, 1995.
For Petitioner : Mr.T.Pinaygash
For Respondents : Mr.R.Anandharaj
Additional Public Prosecutor
***
ORDER
This petition has been filed by the petitioner seeking a direction to the respondent Nos.1 to 3 to appoint one Mr.G.Bhagavath Singh, practicing Advocate of Madurai District as Special Public http://www.judis.nic.in Prosecutor to conduct the trial in Special S.C.No.14 of 2017 on the file 2 of the Principal District and Sessions Court, Theni in Crime No.314 of 2016, dated 18.10.2016 on the file of the respondent No.3 as per Rule 4 (5) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995.
2.The learned counsel for the petitioner would submit that the petitioner is the victim/defacto complainant in Crime No.314 of 2016 registered by the respondent for offences punishable under Sections 294(b), 307, 109 of IPC and the Section 31(1)(r), 3(1)(s) and 3 (2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. He would further submit that thereafter the Sections have been altered into Sections 294)b), 307, 109 and 212 of IPC and Section 31(1)(r), 3(1)(s) and 3 (2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. He would further submit that the respondent police completed the investigation and filed the final report before the Principal District and Sessions Court, Theni in Special S.C.No.14 of 2017.
3.The learned counsel for the petitioner would further submit that despite the lapse of two years there has been no progress in the case and that the petitioner had applied to the District Collector seeking for appointment of a Special Public Prosecutor to conduct the case on his behalf as per Rule 4(5) of http://www.judis.nic.in the Scheduled Castes and Scheduled 3 Tribes (Prevention of Atrocities) Amendment Act, 2015. He would further submit that the petitioner has also intended to engage one Mr.G.Bhagavath Singh, practicing Advocate of Madurai District as Special Public Prosecutor and that the said Advocate has also expressed his willingness to conduct prosecution accepting the fees as per the schedule. Despite the petitioner having sent the representation on 04.01.2018, the first respondent has not considered the same till date. Due to the non appointment of the Special Public Prosecutor there is a chance that the trial could be further delayed causing hardship to the petitioner. He would also submit that in similar circumstances this court in earlier decisions directed appointment of Special Public Prosecutors to conduct the case. He would rely on the judgments of this Court reported in 2009 (2) MWN (Cr.) 436 (M,Vettaivilian Vs. The District Collector, Sivagangai District and others) and 2013 (4) MLJ (Crl.) 339 (R.Kandasamy Vs. District Collector, Salem District, Salem.
4.The learned Additional Public Prosecutor, would submit that the case stands posted for trial on 25.02.2019.
5.Taking into consideration, the submission made on both sides, this Court directs the District collector / first respondent to consider the representation sent by the petitioner and pass orders http://www.judis.nic.in 4 A.D. JAGADISH CHANDIRA, J.
TM regarding appointment of Mr.G.Bhagavath Singh as Special Public Prosecutor in Special S.C.No.14 of 2017 pending on the file of the Principal District and Sessions Court, Theni, within a period of two weeks from the date of receipt of a copy of this order.
6.Accordingly, this criminal original petition is disposed of.
Index : Yes / No 30.01.2019 Internet : Yes / No TM Note: Issue order copy on 31.01.2019.
To
1.The District Collector, Collectorate, Theni District.
2.The Deputy Superintendent of Police, O/o the Deputy Superintendent of Police.
Aundipatty Taluk, Theni District.
3.The Inspector of Police, Gandamanur Vilakku Police Station, Theni District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Crl.O.P.(MD).No. 1386 of 2019 http://www.judis.nic.in