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2015 Supreme(Mad) 2833

P.N.PRAKASH
Superintendent of Police – Appellant
Versus
Judicial Magistrate Court, Cheyyar – Respondent


Advocates Appeared:
For Appellant: S. Shanmugavelayutham, Public Prosecutor
For Respondents: John Sathiyan, Amicus Curiae

ORDER

P.N. Prakash, J.

This petition has been filed by the Superintendent of Police, Tiruvannamalai District to quash the prosecution launched by the learned Judicial Magistrate, Cheyyar in STC No. 221 of 2014 for offences under Sections 174, 175 and 176 IPC r/w 345, 349 and 350 Cr.P.C.

2. At the request of this Court, Mr. John Sathyan, learned Advocate acted as amicus curiae and assisted.

3. What are the avenues that are open to a Magistrate to lawfully rein in a recalcitrant and reticent police?, is the issue that falls for consideration in this case. The reaction of the learned Judicial Magistrate, Cheyyar who was pushed to the wall can be explained in no better terms than by extracting verbatim the complaint he drafted against the Superintendent of Police, which is as follows:

"Complaint under section 190(1)(c) R/w 200(a)

1. The case in PRC 3/95 is pending for the past 20 years. NBW against the accused Tailor Vasu has not been executed for 20 years. This court is struggling for the last 20 years to commit this case to the Sessions Court. Neither the SHO, Cheyyar Police Station nor the Superintendent of Police, Tiruvannamalai has co-operated with this court to commit this case to Sess













































































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