Madras High CourtCRL OP/6909/2023dismissed

Narender v. Radha

2023-03-29Honourable Mr Justice G. Chandrasekharan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:29.03.2023

CORAM

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN Narender ... Petitioner Vs.

1. Radha

2. Varadharajan

3. Murugaesan

4. Shanmugam ... Respondents PRAYER : This Criminal Original Petition filed under Section 482 of Cr.P.C., to set aside the return endorsement dated 14.12.2022 in the unnumbered Spl.S.C.No of 2022 on the file of the learned Special Cout for trial cases registered under SC/ST (POA) Act, Namakkal.

For Petitioner : Mr.B.Mohan For Respondent : Mr.S.Santhosh Government Advocate (Crl.Side) 1/4

ORDER

This Criminal Original Petition has been filed to set aside the return endorsement dated 14.12.2022 in the unnumbered Spl.S.C.No of 2022 on the file of the learned Special Cout for trial cases registered under SC/ST (POA) Act, Namakkal.

2. The learned counsel for the petitioner submitted that 1st accused in this case scolded the petitioner and also degraded him with caste. Therefore, private complaint was given against the accused under Section 200 of Cr.P.C before the learned Chief Judicial Magistrate, Namakkal on 17.10.2022. This complaint was returned by the Court requiring community certificate of the respondents.

3. The scheme of the SC/ST Act requires that, only a person who is not being a member of the Scheduled Caste or Scheduled Tribe can be punishable under Section 3 of SC/ST Act. Therefore, this Court finds no illegality or irregularity in the learned Special Court for SC/ST Cases, Namakkal asking for community certificate of the respondent. 2/4

4. Accordingly, this Criminal Original Petition is dismissed. Liberty is granted to the petitioner to comply with the return endorsement made by the learned Judge.

29.03.2023 sma To,

1. Inspector of Police, Deevattipatti Police Station, Salem District.

2. The Public Prosecutor, High Court of Madras.

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G.CHANDRASEKHARAN ,J.

sma 29.03.2023 4/4