Madras High CourtCRL OP/6393/2023dismissed as withdrawal

Shanthi v. The Deputy Superintendent Of Police, Namakkal

2023-03-21Honourable Mr Justice G. Chandrasekharan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.03.2023

CORAM

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN Crl.O.P.No.6393 of 2023 Crl.M.P.Nos.4046 & 4047 of 2023 1.Shanthi 2.Rajendhiran 3.Suganthi 4.Seenivasan 5.Naveen ... Petitioners Vs.

1.The Deputy Superintendent of Police, Velur Sub-Division, Namakkal District.

2.The Inspector of Police, Jedarpalayam Police Station, Namakkal District.

(Crime No.721 of 2020) 3.Gomathi ... Respondents PRAYER : This Criminal Original Petition filed under Section 482 of Cr.P.C., to call for the records and quash all the proceedings in Spl.S.C.No.30 of 2021 1/4

on the file of The Special Court Exclusive for SC/ST cases, Namakkal against the petitioners.

For Petitioner : Mr.B.Vasudevan For Respondent : Mr.S.Santhosh (For R1 and R2) Government Advocate (Crl.side)

O R D E R

This Criminal Original Petition has been filed to call for the records and quash all the proceedings in Spl.S.C.No.30 of 2021 on the file of The Special Court Exclusive for SC/ST cases, Namakkal against the petitioners 2.It is the submission of the learned counsel for the petitioner that First Information Report in Cr.No.721 of 2020 came to be registered for the offence under Section 147, 148, 294 (b), 323, 324, 355 and 506 (2) I.P.C. by Jedarpalayam Police Station. Subsequently, the witness statements were recorded. Even in the statement there is no allegations that accused had committed violence against the defacto-complainant and their family members for the reason that they belong to Schedule caste community. In the subsequent statement recorded, there is bald reference that the accused made castiest remarks against the defacto-complainant and her family members. On the basis of alteration report filed, final report is filed for the offences under Section 147, 148, 294 (b), 323, 324, 355, 506 (ii) I.P.C. @ 147, 148, 294 (b), 323, 324, 354, 2/4

506 (ii) I.P.C. r/w 3(1) (r) (s), 3 (2) (va) of SC/ST Act. 3.After hearing the learned counsel for the petitioner and after perusing the records, when this Court expressed that this Court cannot subscribe to the views of the learned counsel for the petitioner for quashment of proceedings in Spl.S.C.No.30 of 2021 on the file of The Special Court Exclusive for SC/ST cases, Namakkal, the learned counsel for the petitioner prayed permission for withdrawal of this petition. Considering the facts and circumstances of the case, this Court permits the petitioner to withdraw this petition. 4.In view of the submission made by the learned counsel for the petitioner, this Criminal Original Petition is dismissed as withdrawn. Consequently, connected Miscellaneous petition is closed. 21.03.2023 Index:Yes/No Speaking/Non speaking order ep 3/4

G.CHANDRASEKHARAN.J., ep To:- 1.The Deputy Superintendent of Police, Velur Sub-Division, Namakkal District.

2.The Inspector of Police, Jedarpalayam Police Station, Namakkal District.

Crl.O.P.No.6393 of 2023 Crl.M.P.Nos.4046 & 4047 of 2023 21.03.2023 4/4