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Judicial magistrate's order set asideStaff Reporter
CHENNAI: The Madras High Court on Thursday set aside an order of a judicial magistrate, which took cognisance of a final report of the police that omitted the names of some accused, including Pattali Makkal Katchi leaders, in a case relating to the attack on AIADMK functionaries at Tindivanam in May 2006.
Justice S. Nagamuthu, who allowed a revision petition by former AIADMK Minister C.Ve. Shanmugam, directed Judicial Magistrate I to issue notice to Mr. Shanmugam, the complainant, and the accused whose names had been omitted, so that their names could be included in the final police report.
Setting aside the order committing the case to the sessions court, the judge directed the magistrate to permit the complainant and the accused to file applications or objections, hear them and, after giving them sufficient opportunity, pass orders on the final police report.
The impugned order of Fast Track Court No.1, Tindivanam, which refused to order further investigation in the case, was also set aside.
Mr. Shanmugam stated that on May 8, 2006, while campaigning for the Assembly elections, a 15-member gang came in two cars and attacked him, his brothers and party workers, who were standing in front of his house around 9.15 p.m.
Muruganandam, a party worker who tried to stop the gang, was attacked, and succumbed to his injuries. The gang threw bottles at his house and damaged his car and another vehicle belonging to a party worker.
Mr. Shanmugam said that in his complaint, he had named the accused, including PMK founder Ramadoss and his son Anbumani Ramadoss. The police did not take steps to arrest them.
The investigation officers did not take any steps to record the statement of the complainant."Biased probe"
After "biased, partial investigation", charge sheet was filed. On coming to know about the deletion of names of the main accused, Mr. Shanmugam filed a petition for further investigation.
The FTC dismissed it on ground of maintainability.
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