S.Buvaneswari v. State Rep By, The Superintedent Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.06.2025
CORAM
THE HONOURABLE MR.JUSTICE P.VELMURUGAN Crl.O.P.No.17650 of 2025 and Crl.M.P.No.11376 of 2025 S.Buvaneswari ... Petitioner Vs.
1. State Rep. by The Superintendent of Police Puducherry
2. Inspector of Police Orleanpet Police Station Puducherry
3. Sangeetha ... Respondents Prayer: Criminal Original Petition is filed under Section 528 of BNSS, 2023, to call for the records in connection of Crime No.166 of 2021 dated 18.10.2021 on the file of 1st and 2nd respondent police and quash the FIR against the petitioner/accused as illegal, malafide and void under law.
For Petitioner : Mr.P.Veeraraghavan For Respondents 1 and 2 : Mr.M.V.Ramachandramurthy Public Prosecutor (Puducherry) Assisted by Mr.A.Alexandar Government Advocate (Puduccherry) 1/4
O R D E R
This Criminal Original Petition has been filed by the petitioner/accused to quash the FIR in Crime No.166 of 2021 dated 18.10.2021 on the file of the 2nd respondent police.
2. The learned counsel for the petitioner submitted that the defacto complainant/3rd respondent does not belong to SC/ST Community, however, she lodged a false complaint as if, the petitioner and two others abused her with caste name and based on which, the FIR in Crime No.166 of 2021 has been registered for the offences under Sections 3(1)(r), 3(1) (s) of SC/ST (Prevention of Atrocities) Act 1989 (Amendment 2015). Hence, the present petition is filed to quash the FIR.
3. The learned Public Prosecutor (Puducherry) appearing for the respondents 1 and 2 submitted that the investigation has already been completed and the charge sheet also been filed before the Judicial Magistrate-II, Puducherry.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor (Puducherry) appearing for the respondents 1 and 2 and also perused the materials available on record.
5. Since no adverse order is being passed against the 3rd 2/4
respondent, notice to the 3rd respondent is dispensed with.
6. A perusal of the charge sheet shows that the charge sheet has been filed only for the offences under Sections 294(b), 506(i) IPC read with Section 34 of IPC and not for the offence under the SC/ST Act.
7. Since the charge sheet has been filed, the petitioner is not entitled to the relief as sought for in this petition.
8. Therefore, this Criminal Original Petition is dismissed. Consequently, the connected Miscellaneous Petition is closed.
9. However, the petitioner is at liberty to work out her remedy in the manner known to law.
19.06.2025 Index : Yes/No Speaking Order : Yes/No ksa-2 To 1.The Superintendent of Police Puducherry
2. Inspector of Police Orleanpet Police Station Puducherry
3. The Public Prosecutor (Puducherry) High Court of Madras 3/4
P.VELMURUGAN, J ksa-2 19.06.2025 4/4