Sreedharan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.11.2024

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.(MD) No.12713 of 2023 Sreedharan ... Petitioner Vs.

1.The Superintendent of Police, Tirunelveli District.

2.The Deputy Superintendent of Police, Tirunelveli Rural Division, Tirunelveli District.

3.The Inspector of Police, Tirunelveli Taluk Police Station, Tirunelveli District.

... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to the order passed in Cr.MP.No.122 of 2021 on the file of the II-Additional Sessions Court, Tirunelveli dated 25.01.2021 and set aside the same consequently direct the 3rd Respondent to register case on the complaint. For Petitioners : Mr.T.Selvan For Respondents : Mr.B.Thanga Aravindh Government Advocate (Crl. Side) 1/5

O R D E R

This petition has been filed challenging the order passed by the learned II Additional Sessions Judge, Tirunelveli, dated 25.01.2021, rejecting the application filed by the petitioner under Section 156(3) of Cr.P.C. on the ground that the allegations made in the complaint does not constitute any offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

2.Heard the learned counsel for the petitioner and the learned Government Advocate appearing on behalf of the respondents. 3.This Court carefully went through the order passed by the Court below along with the application filed by the petitioner. 4.The petitioner has made a very general allegation as if he was abused on the basis of his caste. In the entire application, there is not even a single sentence showing as to what words were used against the petitioner and whether such words were used in a public place. There 2/5

seems to be some property dispute between the parties and the accused persons are said to have threatened and abused the petitioner in filthy language. If the petitioner wants to invoke the provisions of the SC/ST Act, the allegations must be very specific and it must satisfy the relevant provisions under the Act.

5.The Court below was perfectly right in rejecting the application and this court does not find any illegality in the order passed by the Court below. If ultimately the petitioner wants to prosecute the case for the other IPC offences, it is left open to the petitioner to proceed further in accordance with law.

6.This Criminal Original Petition is disposed of in the above terms.

21.11.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No PKN 3/5

To 1.The Superintendent of Police, Tirunelveli District.

2.The Deputy Superintendent of Police, Tirunelveli Rural Division, Tirunelveli District.

3.The Inspector of Police, Tirunelveli Taluk Police Station, Tirunelveli District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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N.ANAND VENKATESH,J.

PKN Dated: 21.11.2024 5/5