Madras High Court
Sudhakar vs The State Rep By on 24 September, 2021
CRL.O.P.No.16575 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.09.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
CRL.O.P.No.16575 of 2021
and
CRL.MP.No.9051 of 2021
1. Sudhakar
2.Ravi @ Ravivarman
3.Arumugam
4.Senthil
5.Jayakumar @ Govindasamy
6.Ayyappan
7.Thangarasu
8.Eagambaram ... Petitioners
Versus
1. The State Rep by
The Inspector of Police,
Marakkanam Police Station,
Villupuram District,
in Cr.No.208 of 2021
2. Thamaraiselvi ... Respondents
PRAYER: Criminal Original Petition has been filed under Section 482
of the Code of Criminal Procedure, to call for the records in relating to
the Alteration Report in connection with FIR in Cr.No.208 of 2021 dated
13.06.2021 on the file of the respondent police and quash the offence
under Section 3(1) (r ) (s) of SC/ST (POA) Amendment Act, 2015 alone.
Page No.1 of 5
https://www.mhc.tn.gov.in/judis/
CRL.O.P.No.16575 of 2021
For Petitioners : Mr.S.Saravana Kumar
For Respondent : Mr.A.Damodaran
No.1 Additional Public Prosecutor
ORDER
The petitioners, who are the accused in Crime No.208 of 2021
initially registered for offences under Sections 147, 148, 341, 294(b),
506(ii) IPC r/w 302 IPC, later, it was altered to offences under Sections
147, 148, 341, 294(b), 506(ii) IPC r/w 302 IPC r/w. 3(1)(r)(s) of
SC/ST POA, 2015, have filed this quash petition.
2. The contention of the learned counsel for the petitioners is that
out of eight accused, five belonged to Scheduled Caste community. With
regard to other three persons, SC/ST Act would not get attracted for the
reason that the defacto complainant was not present in the scene of
occurrence and uttering of prohibitory words was not there during the
assault and according to the learned counsel for the petitioners, the
deceased does not belong to the Scheduled Caste Community and hence
https://www.mhc.tn.gov.in/judis/
CRL.O.P.No.16575 of 2021
the offence under SC/ST Act cannot be included and proceeded in this
case, which is the major point in this case to quash the petition.
3.The learned Additional Public Prosecutor, in this case, on
instruction and verification submits that the deceased is a Scheduled
Caste person. As regards four persons, who are not Scheduled Caste
persons, as against them, charges under Section SC/ST Act cannot be
framed with regard to other accused persons, the said persons depending
upon the materials charges can be framed, the deceased belongs to the SC
community and certificates were verified, soon the charge sheet to be
filed and it is a case of 302 IPC. Investigation is almost completed.
4.Further, the learned Additional Public Prosecutor submits that
apart from the defacto complainant, there are other witnesses, who were
present in the scene of occurrence, who clearly spoken about the accused
persons uttering of prohibitory words while attacking the deceased.
https://www.mhc.tn.gov.in/judis/
CRL.O.P.No.16575 of 2021
5.In view of the above, the Criminal Original Petition is disposed
of. The only condition is that the petitioner to appear before the trial
Court without fail on the hearing dates, like questioning, pre-trial
questioning, 313 questioning and to receive the judgments, and whenever
Trial Court insist on appearance of accused. Consequently, connected
miscellaneous petition is closed.
Index: Yes/No
Internet: Yes/No 24.09.2021
gv/sms
To
1. The Inspector of Police,
Marakkanam Police Station,
Villupuram District,
in Cr.No.208 of 2021
2.The Public Prosecutor,
High Court, Madras.
https://www.mhc.tn.gov.in/judis/
CRL.O.P.No.16575 of 2021
M.NIRMAL KUMAR, J.
gv/sms
CRL.O.P.No.16575 of 2021
and
CRL.MP.No.9051 of 2021
24.09.2021
https://www.mhc.tn.gov.in/judis/
