Madras High CourtCRL OP/6010/2025dismissed

A.Kumarvel v. Balu

2025-03-03Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN A. Kumarvel ... Petitioner Vs.

1.Balu, Inspector of Police, Walajahpet Police Station, Walajahpet, Ranipet District, Pin Code - 632 513.

2.Gopinath, Sub-Inspector of Police, Walajahpet Police Station, Walajahpet, Ranipet District, Pin Code - 632 513.

... Respondents Criminal Original Petition is filed under Section 528 of B.N.S.S., to call for the records and to set aside the order in Disc No. 586 of 2024 dated 11.09.2024 on the file of the Special Court for SC/ST (PoA) Act and direct the petitioner's private complaint dated 16.12.2020 to take on file and thus render justice.

For Petitioner : Mr. Pari Gopal 1/4

O R D E R

This Criminal Original Petition is filed challenging the order dated 11.09.2024 on the file of the Special Court for SC/ST (Prevention of Atrocities) Act and direct the petitioner's private complaint dated 16.12.2020 to take on file, thereby forwarded the complaint lodged by the petitioner on the file of Judicial Magistrate No.II, Vellore.

2. The petitioner lodged private complaint before the Sessions Judge (FTC), Special Court for SC/ST (Prevention of Atrocities) Act, Vellore alleging various allegations against the respondents who are police officials. The specific complaint is that, when the respondents were in official duty, they had scolded the petitioner and abused in a filthy language. However, after recording sworn statement, the trial Court found that there is no specific allegation to attract any offence under the SC/ST Act.

3. That apart, the specific allegation is that, when the respondents were in official duty, the alleged occurrence had happened. Therefore, the 2/4

petitioner must obtain sanction from the superior officer to prosecute against the respondents. Hence, the District Court, rightly forwarded the complaint lodged by the petitioner on the file of Judicial Magistrate No.II, Vellore for further action.

4. In view of the above, this Court finds there is no illegality or infirmity in the order passed by the Special Court for SC/ST (Prevention of Atrocities) Act, Vellore and interference of this Court is not required.

5. Accordingly, this Criminal Original Petition is dismissed. 03.03.2025 Index : Yes / No AT To 1.The Sessions Judge (FTC), Special Court for SC/ST (Prevention of Atrocities) Act, Vellore 2.The Judicial Magistrate No.II, Vellore.

3/4

G.K.ILANTHIRAIYAN,J.

AT 03.03.2025 4/4