Madras High Court
B.Deva vs The District Collector on 25 January, 2022
W.P.No.26564 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.01.2022
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
W.P.No.26564 of 2021
B.Deva ... Petitioner
Versus
1.The District Collector,
Tiruppur.
2.The Superintendent of Police,
Tiruppur.
3.The Deputy Superintendent of Police,
Dharapuram, Tiruppur District.
4.The Inspector of Police,
Dharapuram Police Station,
Tiruppur District.
5.The Block Development Officer,
Dharapuram,
Tiruppur District.
Page No.1 of 8
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W.P.No.26564 of 2021
6.Mrs.Selvi,
The President,
Goundachipudur Panchayat,
Dharapuram Taluk,
Tiruppur District. ... Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of
India, to issue a writ of Mandamus, directing the Respondents 1 to 5 to
recover the amount of Rs.75,000/- provided as victim Compensation to
the 6th respondent under Schedule Caste and The Schedule Tribes
(Prevention of Atrocities) Amendment Act 2015 following the fake
complaint in Crime No.1868 of 2020 dated 14.08.2020 on the file of 4th
respondent and take necessary action on the 6th respondent by
considering the petitioner's representation dated 28.07.2021.
For Petitioner : Mr.N.Ponraj
For R1 to 5 : Mr.E.Raj Thilak
Additional Public Prosecutor
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W.P.No.26564 of 2021
ORDER
(This case has been heard through video conference)
This petition has been filed for the issuance of a Writ of
mandamus, directing the Respondents 1 to 5 to recover a sum of
Rs.75,000/- provided as victim Compensation to the 6th respondent under
The Schedule Caste and The Schedule Tribes (Prevention of Atrocities)
Amendment Act 2015, following the fake complaint in Crime No.1868 of
2020 dated 14.08.2020 on the file of 4th respondent and take necessary
action on the 6th respondent by considering the petitioner's representation
dated 28.07.2021.
2. On a complaint of the sixth respondent a case has been
registered against the petitioner in Crime No.1868 of 2020 on 14.08.2020
for offences under Sections 506(i) of IPC and 3(1)(p) and 3(1)(r) of the
Schedule Caste and the Schedule Tribes (Prevention of Atrocities)
Amendment Act, 2015.
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W.P.No.26564 of 2021
3.The petitioner was shown as A3. The sixth respondent is the de
facto complainant in that case. She is also former panchayat president of
Goundachipudur Ooratchi Panchayat. The petitioner had sent a
representation dated 28.07.2021, to the first respondent herein, stating
that a false case has been foisted against the petitioner by the
Dharapuram Police and that he was arrested and was in prison since 20
days. A charge sheet was filed in Spl.C.C.No.1 of 2021 against the
petitioner and the two others. After full fledged trial, the Principal
Sessions Judge, Thiruppur, acquitted the petitioner and other accused.
4. The contention of the petitioner is that the petitioner has been
falsely implicated in the case filed for the offence under Schedule Caste
and the Schedule Tribes (Prevention of Atrocities) Amendment Act, 2015.
The sixth respondent was paid Rs.75,000/- as compensation from the
Government. Now the case has been ended into acquittal. Hence, he filed
this petition seeking recovery of compensation amount for which he had
sent a representation on 28.07.2021 to the District Collector, Tiruppur.
5. Mr. E.Raj Thilak, learned Additional Public Prosecutor submits
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W.P.No.26564 of 2021
that in this case, the petitioner is arrayed as A3 and charge sheet has been
filed in Spl.C.C.No.1 of 2021. The case came to be registered on the
complaint of the sixth respondent in Crime No.1868 of 2020. The
petitioner and the two other accused in the case were charged for offence
under Sections 506(1) IPC, Section 3(1)(p), 3(2)(v a) and 3(i)(r) of the
Schedule Caste and the Schedule Tribes (Prevention of Atrocities)
Amendment Act, 2015. During trial, the 6th respondent was examined as
P.W.1. Totally seven witnesses were examined and nine documents were
marked. On conclusion of trial, the trial Court, by a judgment dated
30.03.2021 finding that the prosecution has not proved the case beyond
all reasonable doubt, had acquitted the petitioner and other accused.
Thereafter, he has sent a representation to the first respondent and now
seeks recovery of compensation. He further submitted that the
compensation amount was given for pain and suffering and it is a
benevolent act for the depressed caste and community people who are
suffering humiliation and hurts at the hands of other community people.
Hence the prayer of the petitioner cannot be maintained. He further
submitted that the trial Court judgment itself has to be reconsidered for
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W.P.No.26564 of 2021
the reason the principle and requirement for prosecution to prove the case
beyond all reasonable doubt will not apply to the present case. Forgetting
that the case relates to SC/ST Act, the trial Court, like any other IPC
offence, has considered the evidence which is not proper. Further
payment of compensation does not depend on the outcome of the criminal
case. The yardstick application for compensation and conviction are
different. He further submitted that the state is taking steps to file
appropriate petition.
6. Considering the submissions and perusal of materials, this Court
holds the petitioner cannot question or seek recovery of the payment of
compensation from the sixth respondent which was paid under Schedule
Caste and the Schedule Tribes (Prevention of Atrocities) Amendment Act,
2015, by the Government. In view of the same, this writ petition is
dismissed. No costs.
25.01.2022 Index: Yes/No
jas/bkn
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W.P.No.26564 of 2021
To
1.The District Collector,
Tiruppur.
2.The Superintendent of Police,
Tiruppur.
3.The Deputy Superintendent of Police,
Dharapuram, Tiruppur District.
4.The Inspector of Police,
Dharapuram Police Station,
Tiruppur District.
5.The Block Development Officer,
Dharapuram,
Tiruppur District.
6. The Public Prosecutor,
High Court, Madras.
M.NIRMAL KUMAR, J.
https://www.mhc.tn.gov.in/judis
W.P.No.26564 of 2021
jas/bkn
W.P.No.26564 of 2021
25.01.2022
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