SOMALAIAPPAN Vs. PALANISAMY

JUDGEMENT

(1.) (Prayer: Petition filed under Section 482 of the Criminal Procedure Code to direct the District Magistrate/the District Collector, Tiruppur District, Tiruppur to appoint Mr.B.Mohan, Senior Advocate as desired by the petitioner/victim for conducting the prosecution in S.C.No.1 of 2013 on the file of the Special Judge(Principal Sessions Judge), Tiruppur.) Somalaiappan, the defacto complainant in the special case in S.C.No.1 of 2013, pending before the Court of the learned Special Judge under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act(Principal Sessions Judge), Tiruppur, came forward with this petition under Section 482 Cr.P.C. for issuance of direction to the District Magistrate/the District Collector, Tiruppur District, Tiruppur to appoint Mr.B.Mohan, a Senior Advocate to conduct prosecution in the said case.

(2.) ON the complaint of the petitioner, a case in Crime No.2602 of 2010 for offences under Sections 147, 323 IPC and 3(i)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, (shortly hereinafter SC/ST(PA) Act) has been registered by the 12th respondent, namely, the Inspector of Police, Vellakovil Police Station. The Deputy Superintendent of Police, Kangeyam Sub Division, Kangeyam, Tiruppur District, investigated the case. He filed the final report under Section 173(2) Cr.P.C. for offences under Section 147, 294(b), 323 r/w 149 IPC and 3(i)(x)(xiv) of S.C/S.T.(P.A) Act, as against respondents 1 to 11 before the committal Magistrate.

(3.) PETITIONER presented a petition to the District Collector, Tiruppur District to engage Mr.B.Mohan, an Advocate having long standing Bar experience and who had conducted large number of criminal cases including cases under SC & ST(PA) Act, to conduct the prosecution. However, the District Magistrate has not taken any action.