M. MARIAMMAL Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) Mariammal, the widow of one Madasamy, came forward with this petition for a direction under Section 482 Cr.P.C. to include the relevant penal provision, namely, Section 7 of Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 in the F.I.R. Al, namely, Amaladass, Owner of an H.P. Petrol Bunk situate on the Sattur-Koilpatti Highway and A2, Martin its Supervisor, on 19.06.2014, requested the services of Nagaraj, Madasamy, Raju, Moorthy, Sudalai and Ondi Veeran to clean the Septic Tank. Unfortunately, while doing the cleaning work, one Raju fell into the Septic Tank and the husband of the petitioner also followed him. Both of them died. In the circumstances, co-worker Nagaraj lodged complaint with the third respondent. A case for an offence under Section 304 I.P.C. was registered as against A1 and A2. Now, the investigation is going on.

(2.) It has been submitted by the learned Government Advocate (Criminal side) that the Investigation Officer is awaiting receipt of chemical report.

(3.) Now, what is sought for in this petition is inclusion of Section 7 of the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 (46 of 1993) in the F.I.R. and investigate accordingly.