A P MOORTHY Vs. THILLAI NAYAGAM

JUDGEMENT

(1.) HEARD the submissions made by Mr. S. Arokia Maniraj, learned counsel for the petitioner.

(2.) THE petitioner herein having waited for some time after lodging a complaint with the police alleging commission of offences including the one punishable under the provisions of THE Scheduled Castes and THE Scheduled Tribes (Prevention of Atrocities) Act, 1989, approached this court by way of a criminal original petition under Section 482 seeking a direction to the Superintendent of Police " Thiruvannamalai district, Deputy Superintendent of Police (Civil Rights Protection Wing) " Thiruvannamalai district and the Inspector of Police, Venkkikal Police Station, Thiruvannamalai district to register a case, investigate the same and submit a final report within a time to be fixed by the court. This court by order dated 10.04.2007 passed the following order.

(3.) MOREOVER, in the First Information Report itself, there is a note that the investigation has been entrusted to Mr. Thillai Nayagam, Deputy Superintendent of Police, Thiruvannamalai town. That being so, the Inspector of Police, Venkkikal Police Station cannot take up the investigation from the said officer, who is his superior. Therefore, it is obvious that the failure on the part of the second respondent to comply with the direction regarding investigation of the case is because of such legal impediment. As such, it would be quite improper to proceed against him for contempt for non-compliance with the direction of this court.