Madras High CourtCRL A/117/2025dismissed

Sathishkumar v. The Deputy Superintendent Of Police,

2025-02-03Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.02.2025

CORAM:

THE HON'BLE Mr. JUSTICE P.VELMURUGAN

1. Sathishkumar

2. Sivakumar ... Appellants ..vs..

1. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Villupuram Range, Villupuram District.

2. State Rep.by The Inspector of Police, Villupuram West Police Station, Villupuram District, Crime No.446 of 2024.

3. Mahalakshmi ... Respondents Criminal Appeal filed under Sections 14(A) (2) of Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Act, to set aside the order dated 03.01.2025 made in Crl.M.P.No.2638 of 2024 on Page No.1/5

the file of the Sessions Judge, Special Court for trial of Cases under SC/ST (PoA) Act, Villupuram and to enlarge the appellants on bail in Crime No.446 of 2024.

For Appellants :

Mr.A.Anandharaj For Respondents :

Mr.G.V.Kasthuri Additional Public Prosecutor for R1 and R2 No appearance for R3

J U D G M E N T

This Criminal Appeal is filed to set aside the order dated 03.01.2025 made in Crl.M.P.No.2638 of 2024 on the file of the Sessions Judge, Special Court for trial of Cases under SC/ST (PoA) Act, Villupuram and to enlarge the appellants on bail in Crime No.446 of 2024.

2. On an earlier occasion i.e., on 28.01.2025, this Court ordered notice to third respondent/de-facto complainant through Court and privately. However, it is seen from the records, the petitioner has not Page No.2/5

taken any steps to serve notice privately to the de-facto complainant/victim and no proof of service has been filed.

3. Section 15A under Chapter IV-A was introduced by Act 1 of 2016 w.e.f. 26.01.2016, as per the said Section, notice has to be sent to the victim, in respect of any proceedings and without giving notice, no proceedings shall be proceeded further. When there is specific bar under the Special Act, this Court cannot ignore the intention of the Legislators and the purpose of enactment of the Special Act. If the appeal filed by the appellants are allowed without giving notice to the victim, the purpose of Section 15A(3)(5) of SC/ST Act would be defeated and the same would curtail the statutory right of the victim.

4. In view of the above, this Criminal Appeal is dismissed. 03.02.2025 Index : Yes/No Speaking Order : Yes/No ms Page No.3/5

To 1.The Sessions Judge, Special Court for trial of Cases under SC/ST (PoA) Act, Villupuram.

2.The Officer in-charge, District Prison, Villupuram.

3. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Villupuram Range, Villupuram District.

4. The Inspector of Police, Villupuram West Police Station, Villupuram District.

5.The Public Prosecutor, High Court, Madras.

Page No.4/5

P.VELMURUGAN, J.

ms 03.02.2025 Page No.5/5