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Crl.O.P.(MD)No.2043 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 03.02.2026

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

Crl.O.P.(MD)No.2043 of 2026

M.Ponnuthai ... Petitioner

Vs.

1. The State of Tamilnadu,

Rep. By the Commissioner of Police,

O/o. the Commissioner of Police,

Alagarkovil Road, Madurai City.

2. The Assistant Commissioner Of Police,

O/o. the Assistant Commissioner of Police,

Thideer Nagar,

Madurai City. ... Respondents

PRAYER : Petition filed under Section 528 of BNSS, 2023 to call for the

records pertaining to the Impugned Closure Report on the file of the 2^nd

respondent dated 29.11.2024 and set aside the same as illegal and direct the 2^nd

respondent to register the FIR without conducting preliminary enquiry in light

of Section 18(A) of the SC/ST (POA) Act 1989.

For Petitioner : Mr.I.Pinaygash

For Respondents : Mr.S.Ravi

Additional Public Prosecutor

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Crl.O.P.(MD)No.2043 of 2026

ORDER

The petitioner seeks to set aside the closure report on the file of the 2^nd

respondent dated 29.11.2024 and also to direct the 2^nd respondent to register the

FIR without conducting preliminary enquiry in light of Section 18(A) of the

SC/ST (POA) Act 1989.

2. The learned counsel appearing for the petitioner submitted that the

petitioner is a scavenger working in Madurai Corporation. On 26.08.2024, the

petitioner along with 13 other victims (scavengers/sweepers) lodged a detailed

complaint before the respondent police seeking registration of a criminal case

and sought action against the proposed accused, who is none other than the

Sanitary Inspector namely Ramesh. However, without registering an FIR

forthwith, a preliminary enquiry was conducted by the respondent police and

later, a closer report was filed.

3. The learned counsel appearing for the petitioner further pointed out

that aggrieved by the non-consideration of his complaint by the respondent

police, the petitioner had filed a writ petition in WP(MD)No.21655 of 2024

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Crl.O.P.(MD)No.2043 of 2026

seeking direction to the respondents 1 to 3 to conduct further investigation,

based on the complaint lodged by the petitioner dated 28.08.2024 and take

appropriate action under the SC/ST (POA) Act 1989 within a stipulated period

of time, wherein this Court vide order dated 12.09.2024 directed the second

respondent to hear the proposed accused namely, Ramesh, Sanitary Inspector

and also consider the petitioner's representation and to conclude the enquiry

within a period of one week from the date of receipt of a copy of that order.

4. Pursuant to the same, since the second respondent police failed to take

any further action, the petitioner had filed a contempt petition in

Cont.P(MD)No.2895 of 2024 before this Court. When the matter was taken up

for hearing, the learned Government Advocate had produced photographs

before this Court to substantiate that the petitioner was shown to be enquired by

the Assistant Commissioner of Police. But at the same time the said exercise

has been done without registering an FIR. This Court, having surprised by the

same, had made an observation in para 4 of the said order which reads as

follows:-

“4. The learned Government Advocate (Criminal Side)

appearing for the contemnor has produced photograph, wherein, the

petitioner was shown to be enquired by the Assistant Commissioner

of Police. But at the same time, it is not known how the police

without registering FIR has conducted such an elaborate enquiry.

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Crl.O.P.(MD)No.2043 of 2026

But the fact remains that the Assistant Commissioner of Police

conducted a detailed enquiry and on the basis of which, he

proceeded to close the complaint. It is seen from the records that

closure report is dated 29.11.2024.”

This Court, on perusal of the closure report dated 29.11.2024, closed the

contempt petition