S.B.Gandhi v. Deputy Supreintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.02.2024

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.4449 of 2024 and Crl.M.P No.3272 of 2024 S.B.Gandhi .. Petitioner/Single Accused vs.

1.Deputy Superintendent of Police Gummidipoondi Sub-Division Gummidipoondi Thiruvallur District.

2.State rep.by The Inspector of Police Kavarapettai Police Station Thiruvallur District.

..Respondents/ Complainant 3.Ambethkar Nadarajan ..Respondent/De facto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records of the case in S.C.No.129 of 2022, on the file of the Principal Sessions Court, Special Court for SC/ST Act, Thiruvallur and quash the same.

For Petitioner : Mr.S.Udhaya Kumar For Respondents : Mr.A.Gopinath Government Advocate (Crl.Side) for R1 and R2

ORDER

This petition has been filed challenging the proceedings initiated by the respondent against the petitioner under Sections 341, 294(b), 506(1) of IPC and Sections 3(1)(r) & 3(1)(s) of SC/ST Act.

2. The grounds raised by the counsel for the petitioner are all factual in nature and it requires appreciation of evidence and this Court cannot decide the same in exercise of its jurisdiction under Section 482 of Criminal Procedure Code. The facts of this case and grounds raised the quash petition does not fall within the parameters laid down by the Apex Court in Bhajan Lal case reported in (1992) Suppl (1) SCC 335. It is left open to the petitioner to raise all the grounds before the Court below and the same shall be considered on its own merits and in accordance with law. This Court is not inclined to interfere with the proceedings pending before the Court below.

3. Accordingly, this Criminal Original Petition is dismissed with a direction to the Court below to complete the proceedings in S.C.No.129 of 2022, on the file of the Principal Sessions Court, Special Court for SC/ST Act, Thiruvallur within a period of six months from the date of receipt of a copy of this order. Consequently, connected miscellaneous petition is closed.

27.02.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order

kp To 1.Deputy Superintendent of Police Gummidipoondi Sub-Division Gummidipoondi Thiruvallur District.

2.State rep.by The Inspector of Police Kavarapettai Police Station Thiruvallur District.

3. The Public Prosecutor, High Court of Madras, Madras.

N. ANAND VENKATESH, . J.

kp Crl.O.P No.4449 of 2024 27.02.2024