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B. R. GAVAI, AUGUSTINE GEORGE MASIH
Karuppudayar – Appellant
Versus
State Rep. By The Deputy Superintendent Of Police, Lalgudi Trichy – Respondent
JUDGMENT
B.R. GAVAI, J.
1. Leave granted.
2. The present appeals challenge the judgment and final order dated 28th February 2024 in Criminal Original Petition (MD) No. 6676 of 2022 and Criminal Miscellaneous Petition (MD) No.4621 of 2022 passed by the learned Single Judge of the High Court of Madras at Madurai.
3. By way of the impugned order, the High Court dismissed the petitions filed by the Appellant under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter, “CrPC”) wherein the Appellant has prayed to call for records relating to proceedings in Spl.S.C.No.7 of 2022 pending before the I- Additional District and Sessions Judge (PCR), Tiruchirappalli and to quash the same.
4. The facts, in brief, giving rise to the present appeals are as under:
4.1 The prosecution story is that on 2nd September 2021 the Appellant approached the Respondent No. 3 (Mr. Ravikumar, Revenue Inspector) in order to inquire regarding the status of a petition filed in the name of Appellant’s father concerning inclusion of Appellant’s father’s name in the patta1 [‘Patta’ is a government issued document which contains various details such as landowner’s name, land survey number, type of land, location
(1) Insult within public view – If alleged offence takes place within four corners of wall where members of public are not present, then it cannot be said that it has taken place at a place within pu....
The court emphasized that criminal proceedings must be quashed if they lack prima facie evidence, preventing abuse of the judicial process.
For an offence under the SC/ST Act, there must be intent to humiliate based on caste identity; mere membership in a Scheduled Caste is insufficient.
The court quashed proceedings under the SC/ST Act due to lack of public view in the alleged incident, emphasizing the need for specific ingredients to establish the offence.
The court ruled that for an offence under the SC/ST Act, abuse must occur in public view, which was not established, leading to quashing of proceedings.
The court clarified the interpretation of 'within public view' in the context of the Atrocities Act, holding that a place can be considered 'within public view' even if it is a private place, provide....
Allegations under the SC/ST Act require intentional insult or intimidation in public view; dismissal of revision upholds trial due to sufficient prima facie evidence.
The central legal point established in the judgment is the need to prevent the misuse of the provisions of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act and to discourage dis....
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