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2009 Supreme(Mad) 3994

HIGH COURT OF JUDICATURE AT MADRAS
THE HONOURABLE MR. JUSTICE P.R. SHIVAKUMAR
V.P. Kuppurao
Versus
The Director General of Police TamilNadu Government DGP Office Mylapore & Others
Crl.O.P.Nos.3580 of 2009 to 3585 of 2009 & M.P.No.1 of 2009
Decided on : 05-10-2009

Advocates appeared:
For the Petitioner:R. Sankarasubbu, Advocate.
For the Respondent:R1 to R3, Kumaresan, Addl. Public Prosecutor, for I. Paul Nobel Devakumar, Govt. Advocate (Crl.Side), R4, N. Chandrasekaran, Spl. Public Prosecutor for CBI Cases.

Judgment :-

All these petitions have been filed under Section 482 Cr.P.C seeking orders directing the transfer of the investigation in Cr.Nos.17/2007 to 22/2007 registered on the file of District Crime Branch, Vellore against the then Superintendent of Police, Vellore District and Deputy Superintendent of Police, Vellore Sub-Division to the Central Bureau of Investigation. All the above said cases were registered based on the complaint of V.P.Kuppu Rao, a retired Inspector of Police, who is the petitioner in all these petitions.

.2. The crux of the allegation made in each one of the criminal cases, investigation of which is sought to be transferred to Central Bureau of Investigation, is that the concerned police officer (Superintendent of Police/ Deputy Superintendent of Police) committed willful negligence in discharge of his duties in the registration and investigation of the cases based on the complaint of the Petitioner alleging commission of offences of atrocities on a member of a scheduled caste, punishable under the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. All the above said cases were registered based on the orders of the learned Chief Judicial Magistrate/Judicial Magistrate based on the private complaint preferred by the petitioner herein, directing registration and investigation of cases based on the complaints.

3. Cr.No.17/2007 was registered for alleged offences under sections 221, 218, 119, 166, 167, 466 IPC and 154(1) & 2(1)(2) of Cr.P.C along with offences punishable under Sections 3(ii)(v) and (vii) and Section 4 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and also an offence punishable under Section 10 of the Protection of Civil Rights Act, 1955. The sole accused therein is one Mr.Pattabi, who was the then Deputy Superintendent of Police, Vellore Subdivision at the time of alleged occurrence who had been transferred and functioning as Deputy Superintendent of Police, Katpadi at the time of registration of the case on 04.07.2007.

4. Cr.No.18/2007 was registered for alleged offences under sections 221, 107 and 506(ii) IPC and Section 17 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(ii)(v) and (vii) and Section 4 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and also an offence punishable under Section 10 of the Protection of Civil Rights Act, 1955 r/w 200 Cr.P.C and 156(3) Cr.P.C. The sole accused therein is one Mr.M.Ashok Kumar, who was the then Superintendent of Police, Vellore District at the time of alleged occurrence who had been transferred and functioning as Superintendent of Police in Q Branch, Chennai at the time of registration of the case on 04.07.2007.

5. Cr.No.19/2007 was registered for alleged offences under sections 221, 119, 166, 218, 219 & 167 of IPC and Section 154(1)(2) & (3) of Cr.P.C, 107 and 506(ii) IPC and Section 17 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(ii)(vI) and (vii) and Section 4 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and also an offence punishable under Section 10 of the Protection of Civil Rights Act, 1955 r/w 156(3) Cr.P.C. The sole accused therein is one Mr.M.Ashok Kumar, who was the then Superintendent of Police, Vellore District at the time of alleged occurrence who had been transferred and functioning as Superintendent of Police in Q Branch, Chennai at the time of registration of the case on 04.07.2007.

6. Cr.No.20/2007 was registered for alleged offences under sections 221, 119, 166, 218, 219 & 167 of IPC and Section 154(1)(2) & (3) of Cr.P.C, 107 and 506(ii) IPC and Section 17 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(ii)(vI) and (vii) and Section 4 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and also an offence puni


































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