Madras High CourtCRL OP/26926/2025disposed of

K.Selavaraj v. State Rep By Its Deputy Superintendent Of Police

2025-10-07Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.10.2025

CORAM:

THE HON'BLE MR.JUSTICE N. SATHISH KUMAR Crl.O.P.No.26926 of 2025 and Crl.M.P.No.18396 of 2025 K.Selvaraj ... Petitioner Vs.

1.The State Rep by its Deputy Superintendent of Police Udumalpet Division Tiruppur Crime No.172 of 2024

2. Nagaraj ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of B.N.S.S. to call for the records pertaining to SPL SC No.77 of 2024 pending on the file of the Session Judge, Special Court for Trial of Cases under SC/ST (PoA) Act, Tiruppur and quash the same.

For Petitioner : Mr.S.Kasirajan For 1st Respondent : Mr.R.Vinothraja Government Advocate (Crl. Side) 1/4

O R D E R

This Criminal Original Petition has been filed to quash the final report in SPL SC No.77 of 2024 pending on the file of the Session Judge, Special Court for Trial of Cases under SC/ST (PoA) Act, Tiruppur.

2. The allegations in the final report indicates that the petitioner not only abused and insulted the defacto complainant with caste name but also assaulted and intimidated with dire consequences. Hence, the final report has been filed for the offences under Sections 352, 323, 506(2) of IPC and 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST (POA) Amendment Act 2015.

3. The learned counsel appearing for the petitioner submitted that it is absolutely a false case. Further, it is a case of case and counter case and that the offences against the petitioner are not made out. Hence, he seeks to quash the final report.

4. A perusal of the statements recorded by the police, supports the version of the defacto complainant. Whether the statements are reliable or not, is not the helm of this Court. It is for the trial Court to appreciate the evidence, particularly in the context of the counter case registered against the other side.

5. At this stage this Court is not inclined to quash the proceedings. Let the trial Court try both the main case and the counter case and conduct a 2/4

simultaneous trial and decide the matter on merits.

6. With the above directions, this Criminal Original Petition is disposed of. Consequently, the connected Miscellaneous Petition is closed. 07.10.2025 ksa-2 Index:Yes/No Speaking/Non-speaking order To

1. The Session Judge, Special Court for Trial of Cases under SC/ST (PoA) Act, Tiruppur.

2.The Deputy Superintendent of Police Udumalpet Division Tiruppur

3. The Public Prosecutor High Court of Madras 3/4

N. SATHISH KUMAR , J.

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