R. MANGALA THANARAJ Vs. STATE

JUDGEMENT

(1.) THIS Petition is filed by the accused in Crime No. 555 of 1984 on the file of the Palayamkottai Police Station to quash the said Proceedings.

(2.) IT is alleged in the affidavit filed in support of the Petition that the Petitioner was recruited as Sub Inspector in 1951, that he was promoted as Inspector in(sic)1978 that he has earned good and three meritorious service entries and that he is likely to be promoted as D.S.P. On 7th June, 1984, he is alleged to have committed rape of one Subbulakshmi Ammal, Wife of Subbu Raman and upon the complaint given to this effect, a case was registered. The third Respondent commenced his enquiry under Order 145 of the Police Standing Orders, Vol. I on 8th June, 1984 itself, but so far the Petitioner has not been given any opportunity to vindicate his innocence. The Petitioner submitted that the allegation of rape against him is absolutely false and fabricated, the reasons being:

(3.) IN the instant case, it is the admitted case that after receipt of the complaint, the Superintendent of Police, the second Respondent herein, without making an informal investigation and report to the R.D.O. as required under the Standing Orders, directed the Inspector of Police, first Respondent herein to register a case and send the F.I.R. to the third Respondent, viz., Sub Collector and R.D.O. for registering the case, the victim was sent to the Hospital and her clothes were seized and sent for analysis. The F.I.R. was also sent to the R.D.O., Cheranmadevi for enquiry under Order 145.