Dismissed¶34

Velmurugan v. the Deputy Superintendent of Police

Madras HC9 Jan 2025CRL OP/21374/2024

Case brief

AI extract

What is this about?

Madras High Court, Crl.O.P.No.21374 of 2024 and Crl.M.P.No.12240 of 2024, P. Velmurugan J., decided 09.01.2025. Quashing of charge sheet under SC/ST Act Ss.3(1)(r), 3(1)(v) read with S.306 IPC (abetment of suicide following death by poison) refused where statements of L.Ws.1-3 and L.W.11 disclosed prima facie involvement of the accused; matter pending trial before Principal District Judge, Tirupathur; defence liberty reserved. Keywords: quashment, final report, prima facie material, SC/ST Act, S.306 IPC, S.528 BNSS.

What did the court decide?

No relief; petitioner at liberty to take all his defence before the trial Court ¶34

Velmurugan Vs the Deputy Superintendent of Police — Madras HC (2025) — LawSathi Research

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Crl.O.P.No.21374 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 09.01.2025

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Coram:

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THE HONOURABLE MR. JUSTICE P.VELMURUGAN

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Crl.O.P.No.21374 of 2024 and Crl.M.P.No.12240 of 2024

Velmurugan

... Petitioner

Vs.

The Deputy Superintendent of Police Tirupattur District

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State by Inspector of Police Natrampalli Police Station, Tirupattur District

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Mrs.Vendamani

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... Respondents

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Prayer : Criminal Original Petition filed under Section 528 of B.N.S.S. to call for the records pertaining to the final report in Spl.S.C. No.14 of 2024 on the file of Court Sessions Judge, Special Court for SC/ST Act, Vellore District and quash the same.

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For Petitioner : Mr.Karan and Uday For Respondents 1 and 2 : Mr.S.Sugendran Additional Public Prosecutor For 3rd Respondent : Mr.P.A. Sudesh Kumar

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1/5

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.21374 of 2024

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ORDER

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This Criminal Original Petition has been filed by the petitioner to quash

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the final report in Spl.S.C. No.14 of 2024 on the file of Court Sessions Judge,

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Special Court for SC/ST Act, Vellore District.

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The learned counsel for the petitioner submitted that it is a case where the husband of the defacto complainant died by consuming poison. Initially the respondent police registered the case in Crime No.321 of 2021 under Section 174 Cr.P.C. and subsequently, altered to Section 306 IPC and Sections 3(1)(r), 3(1)(v) of SC/ST Act and filed the charge sheet. The contention of the petitioner is that there is no material to show that the petitioner committed the alleged offence. Even in the complaint there is no allegation against the petitioner. The witnesses have also have not spoken anything that the petitioner scolded the deceased with caste or the petitioner spoken about the character of the defacto complainant. Therefore, the case against the petitioner has to be quashed.

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2/5

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.21374 of 2024

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