PETHU ALIAS PETHA PERUMAL Vs. STATE

JUDGEMENT

(1.) Pethu alias Petha Perumal has filed this petition under S. 482, Cr. P.C. seeking to quash the proceedings in C.C. No. 128 of 1999 on the file of the Special Court for S.C. and S.T. Act, Madurai taken on file for the offences under 341, 294(b) read with S. 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) It is the case of the prosecution that the first informant Porselvi; Panchayat Union Chairman, went to her village on 18-2-1999 and when she was about to leave her house by getting into her jeep, the petitioner/accused came near her and shouted at her in filthy language and scolded her using her caste name. The first informant came to the Devakottai Police Station and gave a complaint. This was registered in Crime No. 25 of 1999 for the offences under Ss. 341 and 294(b), IPC. Subsequently, on 6-3-1999, the Deputy Superintendent took up investigation and after finishing further investigation, filed the charge-sheet before the Special Court for the offences referred to above.

(3.) Challenging the cognizance taken by the Special Court in regard to the offences under Ss. 341 and 294(b) IPC read with S. 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Mr. Govindarajan, the learned counsel for the petitioner would submit the following contention :