K SONAIMUTHU Vs. COMMISSIONER OF POLICE MADURAI CITY

JUDGEMENT

(1.) This petition has been filed to call for the records connected with P.R.C.No.5 of 2010 on the file of the learned Judicial Magistrate No.V, Madurai and quash the same as illegal in respect of the petitioner/accused No.6.

(2.) Heard the learned Counsel for the petitioner and the learned Government Advocate (Criminal Side) for the respondents 1 to 3.

(3.) Tersely and briefly, the facts necessary for the disposal of this petition would run thus: The third respondent police registered a case in Cr.No.1273 of 2008 for the offences punishable under Sections 147, 148, 506(i), 342, 353, 355 I.P.C and Section 3(1)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Subsequently, the respondent police also investigated into the crime and laid the police report. So far the present petitioner/A.6 is concerned, the police taking into consideration the fact that the petitioner belonged to Dalit community, did not invoke the provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, but invoked only the provisions of Indian Penal Code.