POOMAYIL Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS petition has been filed to direct the second respondent to withdraw the case from the seventh respondent in Cr.No.337 of 2010 on the file of the seventh respondent and entrust the same to the fifth respondent for investigation and to include Section 3(1)(xi) of the Scheduled Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989, and file the charge sheet before the jurisdictional Magistrate within the time stipulated by this Court and further direct the third respondent to pay relief amount to the petitioner under Serial No.11 in annexure I, Schedule under Rule 12(4) of the Scheduled Caste and Schedule Tribes (Prevention of Atrocities) Rules, 1995.

(2.) THE epitome, and the long and short of the facts absolutely necessary and germane for the disposal of this petition would run thus: THE police registered a case in Cr.No.337 of 2010 for the offences punishable under Sections 323, 355, 506(ii) and 379 I.P.C and Section 3(1)(x) of the Scheduled Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989.

(3.) I would like to point out that this Court while exercising the power under Section 482 Cr.P.C, cannot mandate any of the Police Officers to add a particular penal provision of law and this Court could only sensitize the police to take into consideration the factual as well as legal position and invoke the appropriate penal provisions.