O R D E R

This Criminal Original Petition has been filed to direct the second Respondent to comply with the order passed by the learned Judicial Magistrate, Thiruvadanai, Ramanathapuram District in Cr.M.P.No.2907 of 2022 dated 08.09.2022 by registering the First Information Report, on the basis of the complaint dated 03.08.2020.

2. The brief facts which are necessary to appreciate the facts of the case are as follows:

2.1.The Petitioner is a practising Lawyer. He was arrested on an alleged complaint from Rajalakshmi. Based on which FIR in Crime No.55 of 2020 for the offences under Sections 294(b), 354A of IPC and Section 3(1)(r), 3(1)(s), 3(1)(w)(ii) of SC/ST (Prevention of Atrocities) Act, 1989 and he was remanded. Subsequently, he was granted bail. After release on bail, he had filed a petition under Section 156(3) of Cr.P.C. in Crl.M.P.No. 2907 of 2022 before the learned Judicial Magistrate, Thruvadanai, against (1) the Deputy Superintendent of Police, Thiruduvadani Sub Division, Ramanathapuram District; (2) the Sub Inspector of Police, Thondi Police Station, Ramanathapuram District; (3) the Sub Inspector of Police, Special Branch, Thiruvadanai Sub Division, Ramanathapuram Distict; (4) the Sub Inspector of Police, Thondi Police Station, Ramanathapuram District; (5) the Inspector of Police, All Woman Police Station, Thiruvadanai; (6) Inspector of Police, Thondi Police Station, Thondi and (7) the Inspector of Police, Thondi Police Station, Thondi, are Respondents. After recording the sworn statement of the Petitioner herein as De-facto Complainant, the learned Judicial Magistrate, Thiruvadanai, had directed the 7th Respondent therein to hold enquiry and, if any cognizable offence is made out, to register FIR.

2.2.The Inspector of Police, Thondi Police Station, had not acted as per the direction of the learned Judicial Magistrate, Thiruvadanai. Therefore, the Petitioner had approached this Court seeking direction to the Inspector of Police, Thondi Police Station, Thondi, to register FIR against the police officials viz., (1) the Deputy Superintendent of Police, Thiruduvadani Sub Division, Ramanathapuram District; (2) the Sub Inspector of Police, Thondi Police Station, Ramanathapuram District; (3) the Sub Inspector of Police, Special Branch, Thiruvadanai Sub Division, Ramanathapuram Distict; (4) the Sub Inspector of Police, Thondi Police Station, Ramanathapuram District; (5) the Inspector of Police, All Woman Police Station, Thiruvadanai; (6) Inspector of Police, Thondi Police Station, Thondi for registration of case against the Petitioner and foisting a case against him and remanding him. Therefore, this Criminal Original Petition had been filed seeking direction to register an FIR against the said officials.

3.The learned Counsel for the Petitioner would submit that the Petitioner is a practising lawyer and due to animosity, the Police had foisted a case against him. They have remanded him in Crime No.54 of 2020 before the learned Judicial Magistrate, Thiruvadanai. As per the remand request made by the Police Officials, the learned Judicial Magistrate had remanded the accused/the Petitioner herein. The learned Judicial Magistrate, Thiruvadanai had observed the injuries on the accused, when the accused was produced before him and passed the following order at the time of remand.

“ Accused produced on 14.05.2020 at 12.30 hrs at PCR Court, Ramnad by SI of Police. Mr.Saravanan and Inspector Mrs. Ezhilarasi. Reasons and legal aid all are explained to accused. Grounds of arrest and reason for remand are satisfactory. Accused informed that he was assaulted by SI Saravanan and DSP Mr.Pugalendhi Ganesh and sustained injuries over his right frontal region of head and he wants to give treatment and treatment is also recommended through the Ramnad Jail Superintendent if necessary. Medical examination of the accused is completed and no contact with covid.19. Information of arrest duly intimated to his relative. Accused states that he has mean