Research › Search › Judgment

Madras High Court · body

2025 DAILYLAW 101161 (MAD)

K.SELAVARAJ v. State rep by its deputy Superintendent of Police

CRL OP/26926/2025 · 2025-10-07

N Sathish Kumar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.26926 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 07.10.2025 CORAM: THE HON'BLE MR.JUSTICE N. SATHISH KUMAR Crl.O.P.No.26926 of 2025 and Crl.M.P.No.18396 of 2025 K.Selvaraj ... Petitioner Vs. 1.The State Rep by its Deputy Superintendent of Police Udumalpet Division Tiruppur Crime No.172 of 2024 2. Nagaraj ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of B.N.S.S. to call for the records pertaining to SPL SC No.77 of 2024 pending on the file of the Session Judge, Special Court for Trial of Cases under SC/ST (PoA) Act, Tiruppur and quash the same. For Petitioner : Mr.S.Kasirajan For 1st Respondent : Mr.R.Vinothraja Government Advocate (Crl. Side) 1/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.26926 of 2025 O R D E R This Criminal Original Petition has been filed to quash the final report in SPL SC No.77 of 2024 pending on the file of the Session Judge, Special Court for Trial of Cases under SC/ST (PoA) Act, Tiruppur. 2. The allegations in the final report indicates that the petitioner not only abused and insulted the defacto complainant with caste name but also assaulted and intimidated with dire consequences. Hence, the final report has been filed for the offences under Sections 352, 323, 506(2) of IPC and 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST (POA) Amendment Act 2015. 3. The learned counsel appearing for the petitioner submitted that it is absolutely a false case. Further, it is a case of case and counter case and that the offences against the petitioner are not made out. Hence, he seeks to quash the final report. 4. A perusal of the statements recorded by the police, supports the version of the defacto complainant. Whether the statements are reliable or not, is not the helm of this Court. It is for the trial Court to appreciate the evidence, particularly in the context of the counter case registered against the other side. 5. At this stage this Court is not inclined to quash the proceedings. Let the trial Court try both the main case and the counter case and conduct a 2/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.26926 of 2025 simultaneous trial and decide the matter on merits. 6. With the above directions, this Criminal Original Petition is disposed of. Consequently, the connected Miscellaneous Petition is closed. 07.10.2025 ksa-2 Index:Yes/No Speaking/Non-speaking order Neutral Citation:Yes/No To 1. The Session Judge, Special Court for Trial of Cases under SC/ST (PoA) Act, Tiruppur. 2.The Deputy Superintendent of Police Udumalpet Division Tiruppur 3. The Public Prosecutor High Court of Madras 3/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.26926 of 2025 N. SATHISH KUMAR , J. ksa-2 Crl.O.P.No.26926 of 2025 07.10.2025 4/4 https://www.mhc.tn.gov.in/judis