R. KANDASAMY Vs. DISTRICT COLLECTOR, SALEM DISTRICT

JUDGEMENT

(1.) KANDASAMY , the defacto complainant in special case in S.C.No.58 of 2009, pending before the Court of the learned Special Judge under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act(Principal Sessions Judge), Salem, came forward with this petition under Section 482 Cr.P.C. seeks issuance of direction to the respondent/the District Collector, Salem District, Salem to consider his representations dated 11.7.2012 and 19.10.2012 to engage Mr.B.Mohan, Advocate, to conduct the prosecution in the said case.

(2.) ON the complaint of the petitioner, namely, Kandasamy., a case in Crime No.574 of 2008 for offences under Sections 323, 506(ii) IPC and (i)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, have been registered by the Inspector of Police, Sankagiri Police Station. The Deputy Superintendent of Police, Sankagiri Sub Division, Sankagiri, Salem District, investigated the case. He filed the final report under Section 173(2) Cr.P.C. for offences under Section 323, 506(ii) IPC and 3(i)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, as against the accused before the committal Magistrate.

(3.) PETITIONER presented a petition to the District Collector, Salem 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 Collector has not taken any action.