The Madras High Court Bench here has come to the rescue of an octogenarian and his wife by ordering further investigation in a case relating to them having been threatened on gun point by a group involved in drawing ground water by digging a bore well on government land.
Justice M.M. Sundresh directed Madurai Superintendent of Police to keep on hold the charge sheet already filed before a judicial magistrate by the Inspector of Usilampatti police station near here since it was reportedly in favour of the accused and order for further investigation by some other police officer.
The judge pointed out that the octogenarian M.P. Otcha Thevar had lodged a police complaint on April 22, 2014 accusing a gang of having threatened them with a country made gun for having objected to drawing of ground water from a government land. But the police did not register a case immediately.
Hence, the petitioner was forced to approach the High Court and obtain a direction for registration of First Information Report (FIR). Accordingly, a case was registered on August 28 and a final report was filed on September 9 without even examining the complainant and his wife.
“It is apparent that the direction issued by this court on the earlier occasion has not been complied with. The petitioner has given a clear statement about the alleged use of weapon.
In such a case, the police could not rely upon statements given by other witnesses and register FIR for lesser offences.
“All the statements appear to have been obtained on the very same date of registration of the FIR. Though the said action cannot be termed as illegal, it is not in consonance with the earlier order passed by this court… Considering the above said facts, it is a fit case to order further investigation,” the judge said.