Velmurugan v. The Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.01.2025 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Crl.O.P.No.21374 of 2024 and Crl.M.P.No.12240 of 2024 Velmurugan ... Petitioner Vs.

1. The Deputy Superintendent of Police Tirupattur District

2. State by Inspector of Police Natrampalli Police Station, Tirupattur District

3. Mrs.Vendamani ... Respondents Prayer: Criminal Original Petition filed under Section 528 of B.N.S.S. to call for the records pertaining to the final report in Spl.S.C. No.14 of 2024 on the file of Court Sessions Judge, Special Court for SC/ST Act, Vellore District and quash the same.

For Petitioner : Mr.Karan and Uday For Respondents 1 and 2 : Mr.S.Sugendran Additional Public Prosecutor For 3rd Respondent : Mr.P.A. Sudesh Kumar 1/5

ORDER

This Criminal Original Petition has been filed by the petitioner to quash the final report in Spl.S.C. No.14 of 2024 on the file of Court Sessions Judge, Special Court for SC/ST Act, Vellore District.

2. The learned counsel for the petitioner submitted that it is a case where the husband of the defacto complainant died by consuming poison. Initially the respondent police registered the case in Crime No.321 of 2021 under Section 174 Cr.P.C. and subsequently, altered to Section 306 IPC and Sections 3(1)(r), 3(1)(v) of SC/ST Act and filed the charge sheet. The contention of the petitioner is that there is no material to show that the petitioner committed the alleged offence. Even in the complaint there is no allegation against the petitioner. The witnesses have also have not spoken anything that the petitioner scolded the deceased with caste or the petitioner spoken about the character of the defacto complainant. Therefore, the case against the petitioner has to be quashed.

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3. The learned Additional Public Prosecutor appearing for the respondent police submitted that the charge sheet has been taken on file in Spl.S.C. No.14 of 2024 and pending trial on the file of the Principal District Judge, Tirupathur.

4. Heard both sides and perused the materials available on record.

5. A reading of the complaint and the statements of some of the witnesses viz. L.Ws.1 to 3 and also L.W.11 shows that they have clearly spoken about the involvement of the petitioner and there are prima facie materials to proceed further as against the petitioner.

6. Therefore, this Criminal Original Petition is dismissed. Consequently, connected Miscellaneous Petition is closed.

7. The petitioner is at liberty to take all his defence before the trial Court. 09.01.2025 Index : Yes / No Speaking Order : Yes / No ksa-2 3/5

To

1. The Sessions Judge, Special Court for SC/ST Act, Vellore District

2. The Principal District Judge, Tirupathur.

3. The Deputy Superintendent of Police Tirupattur District

4. The Inspector of Police Natrampalli Police Station Tirupattur District

5. The Public Prosecutor High Court of Madras 4/5

P.VELMURUGAN. J.

Ksa-2 09.01.2025 5/5