IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.12.2021

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

Crl.O.P.No.14230 of 2019

and

Crl.M.P.No.6900 of 2019

K.Murali

... Petitioner

Vs.

1. State

Assistant Commissioner of Police,

Meenambakkam Range,

Chennai – 600 027.

Cr.No.360 of 2017.

2. A.G.Vimalraja Sekaran

...Respondents

Prayer: The Criminal Original Petition filed under Section 482

of Cr.P.C., to call for records in charge sheet in S.C.No.133 of

2018 on the file of Principal District and Sessions Judge,

Chengalpattu, quash the proceedings as against the petitioner

for offences under Section 3(1)(r)(s), The Scheduled Castes &

The Scheduled Tribes (Prevention of Atrocities) Act, 1989

(“SC/ST Act”).

For Petitioner : Mr.A.Ramesh Senior counsel

For Mr.B.A.Sujay Prasanna

For Respondents : Mr.A.Gokulakrishnan

Additional Public Prosecutor for R1

: No appearance for R2

O R D E R

The petitioner has filed this petition seeking to quash

the proceedings in S.C.No.133 of 2018 on the file of Principal

District and Sessions Judge, Chengalpattu, which was registered

based upon the complaint given by the informant/R2, by invoking

the provisions of The SC/ST Act.

2. The petitioner seeks to quash the proceedings pending

against him on the following grounds:-

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

(i) No offence made out as against the petitioner

(ii) No sanction for prosecution

(iii) Ulterior motive to wreck vengence

(iv) Inherently improbable prosecution

(v) Delay in lodging FIR

3. The brief facts of the case are as follows:-

The petitioner herein was working as Assistant General

Manager in Air India Limited, Chennai and the informant/second

respondent herein was working as Senior Manager (Flight

Despatch) in Air India, Chennai (as a sub - ordinate to the

petitioner). The Petitioner as AGM of the same section was duty

bound to prepare, public maintain roaster of the sub-ordinate to

delegate the work. It is a vital section and needs to be manned

24 x7 all 365 days on man-to-man replacement basis. Non-

availability of technically qualified officers will affect

flight services. The misunderstanding crept in between the

informant and the petitioner due frequent non-adhering of the

published roaster duty and non-cooperation with the Section by

the informant. The informant availed unauthorized/unplanned

leave/absented, thereby causing inconvenience not only to the

petitioner but also to other officers working in the same

Section, causing disruption to the office, due to which, the

informant in the habit of frequently reporting sick over

telephone and making himself unavailable for duty, more so

unilaterally i.e., by merely informing the staff of Movement

Control/Flight Dispatch section, without any prior sanction from

the Section of the department on various dates, having note of

the above, the department initiated disciplinary proceedings

against the informant/second respondent, and through charge

sheet dated 14.11.2017 framed five charges. In order to wreck

vengeance, immediately the informant has foisted this false case

against the petitioner.

4. In addition to the above, the informant is habitually

abusing the process of law by preferring false complaint against

various other authorities, under SC/ST Act, namely, Capt,

S.Velraj (General Manager – Operations), Shri K.Subramanian (AGM

Administration), Mr.Balaji (Senior Manager – Personnel),

Mr.Anand Stephen, (AGM), and various others, including General

Manager (Personnel) also is a member of SC/ST Liaison Officer,

General Manager (Commercial), Vigilance Head Southern Region. As

per the complaint given by the informant, FIR was registered

bearing Crime No.360 of 2017 dated 20.11.2017 for offence under

Section 3