IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 01.07.2025 CORAM THE HON'BLE MR. JUSTICE P.VELMURUGAN W.P.(Crl.) No.133 of 2025 Muniraj ... Petitioner Vs.

The State rep. by

1. The Chief Secretary Government of Tamil Nadu Secretariat, Fort St. George Chennai - 600 009

2. The Director General of Police (DGP)

Tamil Nadu Police Headquarters Mylapore, Chennai - 600 004

3. The District Collector O/o. District Collector Krishnagiri District

4. Mr.Thangadurai I.P.S.

The Superintendent of Police O/o. Superintendent of Police Krishnagiri Krishnagiri District

5. Mr.Nagaraj The Inspector of Police Hosur Town Police Station Krishnagiri District ...Respondents PRAYER: Writ Petition (Criminal) filed under Article 226 of Constitution of India to issue a Writ of Mandamus directing the respondents 1 and 2 to initiate appropriate proceedings as against the respondents 4 and 5 under Section 4(1) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 and further direct the 5th respondent to register the complaint dated 07.08.2024 in view of the order passed by the learned Judicial Magistrate No.II, Hosur, Krishnagiri, in Crl.M.P.No.4717 of 2024, order dated 24.02.2025.

For Petitioner : Mr.R.Thirumoorthy For Respondents 1 to 3 : Dr.C.E.Pratap Government Advocate (Crl. Side)

O R D E R

This Writ Petition (Criminal) has been filed by the petitioner to direct the respondents 1 and 2 to initiate appropriate proceedings as against the respondents 4 and 5 under Section 4(1) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 and further direct the 5th respondent to register the complaint dated 07.08.2024 in view of the order passed by the learned Judicial Magistrate No.II, Hosur, Krishnagiri, in Crl.M.P.No.4717 of 2024, order dated 24.02.2025.

2. The case of the petitioner is that the petitioner belongs to Scheduled Caste community and he is a physically challenged person. In the year 1997, under the Tamil Nadu Government Land Ceiling Scheme, his mother was granted 2.90 acres of land in Rangapanditha Agraharam Village in Hosur Taluk and since then he has been in possession and enjoyment of the said property. While so, one Lakshmiyamma, Venkatasami Reddy, Lakshmi Narayanan , Vijayakumar and Kannan and their associates, in order to usurp his land, obtained false and fabricated revenue documents in the name of their family members. Hence, the petitioner filed a civil suit against the said persons and their associates in O.S.No.105 of 2022 before the Sub-ordinate Court, Hosur. Meanwhile, on 06.08.2024 at around 5.00 p.m., he received an information that the said accused along with several known and unknown individuals arrived in a car and two wheelers carrying weapons such as Machetes and stones and trespassed into his land and began to demolish his house worth Rs.10 lakhs. Immediately, he called 100 and rushed to the spot wherein, the said persons threatened to kill the petitioner and scolded him in filthy language by demeaning his caste and disability. Fearing for life, despite being disabled with a cripple leg, he ran and saved himself. Immediately, he went to the 5th respondent police station and submitted a typed complaint regarding the said incident. However, the 5th respondent tore it up and threatened saying he would take action only if the petitioner signed a new complaint drafted by him. Out of fear, the petitioner signed the said complaint drafted by the 5th respondent and received CSR No.338 of 2024. Thereafter, in order to seek appropriate legal remedy and protection under Section 175 of BNSS, the petitioner sent representations to the respondents 1 to 3 and other higher Government officials along with the original complaint. However, the accused persons were using their clout from registering any FIR against them. Hence, the petitioner approached the learned Judicial Magistrate No.II, Hosur, Krishnagiri by way of filing petition in Crl.M.P.No.4717 of 2024, invoking Sec