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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
S.SRIMATHY
R. Manikandan – Appellant
Versus
Deputy Superintendent of Police, Puliyangudi Limits, Tenkasi – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 1 , 2) |
| 2. arguments and legal contentions by the petitioner. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 3. court's determination on malicious prosecution. (Para 10 , 11) |
| 4. quashing of charge sheet and conclusion. (Para 12 , 13) |
ORDER :
S.SRIMATHY, J.
The present petition is filed to quash the charge sheet filed in S.C.No.95 of 2023 on the file of the II Additional District and Sessions Court (PCR), Tirunelveli, arising out of Crime No. 37 of 2023 on the file of the Puliyangudi Police Station, Tenkasi District, registered on 03.02.2023 for the alleged offences under Sections 294 (b), 323, 355, 506(i) of IPC read with Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.
2. The case of the prosecution is that on 03.02.2023 at about 2.45pm, when the defacto complainant / 2nd respondent was in duty, who is a site supervisor in Mahatma Gandhi National Rural Employment Scheme (MGNREGS), at Thargapuram Village, the petitioner came to the spot and dashed the defacto complainant, which was questioned by the defacto complainant. The petitioner allegedly scolded her with
The court quashed the charge sheet due to lack of evidence and found the accusations to be motivated by political vendetta, highlighting the importance of protecting individuals from retaliatory lega....
The court emphasized that an FIR under the SC/ST Act requires the humiliation of a SC/ST member to occur in public view; allegations must substantiate a cognizable offense.
FIR under SC/ST Act quashed absent caste-based insult, humiliation intent linked to caste, or cognizable offence ingredients; prior similar vexatious complaints indicate abuse of process for revenge.
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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