Madras High CourtCRL RC(MD)/920/2021allowed

Perumal v. The Deputy Superintendent Of Police

2022-03-09Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.R.C(MD)No.920 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.03.2022

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.R.C(MD)No.920 of 2021 Perumal ... Revision Petitioner/Petitioner Vs.

1. The State represented by The Deputy Superintendent of Police, Srivaikundam Police Station, Thoothukudi District.

(Crime No.47 of 2018) ... 1st Respondent/1st Respondent

2. Krishnan @ Kannan Panniyar

3. Viyakumar

4. Ponraj

5. Mohan ... Respondent No. 2 to 5 Prayer: This Criminal Revision Petition filed under Section 397, r/w.401 of Cr.P.C. to call for the records of pertaining to the order of the learned Special Court for Exclusive trail of cases under SC/ST (POA) Act Sessions Judge, Thoothukudi passed in Crl.M.P No.461 of 2021 Crime No.47 of 2018 dated 04.09.2021 and set aside the same.

For Petitioner : Mr.S.Sarvagan Prabhu For Respondent No.1 : M/s.M.Aasha Government Advocate (Criminal Side) for R1 Mr.R.Elayaraja for R2 & R3 For R4 & R5 No Appearance

ORDER

This Criminal Revision Petition has been filed to set aside the order of the learned Special Court for Exclusive trail of cases under SC/ST (POA) Act Sessions Judge, Thoothukudi passed in Crl.M.P No.461 of 2021 Crime No.47 of 2018 dated 04.09.2021. 2.The petitioner is the complainant and lodged the complaint, as against the respondents 2 to 5 herein, before the Inspector of Police, Alwarthirunagari, Thoothukudi District and the same has been registered in Crime No. 47 of 2018, for the offences punishable under Sections 294(b), 341, 323, 506(ii) IPC r/w 3(1)(r,s), 3(2)(va) of SC/ST (POA) Act, 2015, subsequently transferred to the file of first respondent police.

https://hcservices.ecourts.gov.in/hcservices/

Crl.R.C(MD)No.920 of 2021 3.However, the first respondent after completion of investigation filed referred charge sheet as 'mistake of fact', before the concerned Court. On receipt of the referred charge sheet, the petitioner filed Protest petition and challenged the referred charge sheet filed by the first respondent herein. However, the Court below without recording any statement from the petitioner, only on the basis of report submitted by the first respondent, dismissed the protest petition filed by the petitioner. 4.In view of the above, this Criminal Revision Petition is allowed and the impugned order passed by the learned Special Court for Exclusive trail of cases under SC/ST (POA) Act Sessions Judge, Thoothukudi in Crl.M.P No.461 of 2021 in Crime No.47 of 2018 dated 04.09.2021 is set aside and Crl.M.P.No.461 of 2011 in Crime No.

47 of 2018, is remanded back to the trial Court for fresh disposal. It is made clear that the Court below is directed to record the evidence of the petitioner and supportive witnesses and material evidence. Thereafter, dispose the protest petition on merits, in accordance with law.

Sd/- Assistant Registrar (AD II) // True Copy // / /2022 Sub Assistant Registrar(CS) PNM Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Sessions Judge, Special Court for Exclusive trail of cases under SC/ST (POA) Act, Thoothukudi 2.The Deputy Superintendent of Police, Srivaikundam Police Station,Thoothukudi District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.S.SARVAGAN PRABHU, Advocate ( SR-11331[F] dated 10/03/2022 ) +1 CC to M/s.R.ILAYARAJA, Advocate ( SR-11037[F] dated 10/03/2022 ) Crl.R.C(MD)No.920 of 2021 https://hcservices.ecourts.gov.in/hcservices/ 09.03.2022 MGJ(21.03.2022) 2P 6C