KARUNANITHI Vs. STATE

JUDGEMENT

(1.) THE petitioner herein seeks to quash the proceedings pertaining to the case in S.S.C. No. 58 of 2008 on the file of the learned First Additional Sessions Judge (PCR), Thanjavur.

(2.) THE petitioner is the fourth accused in the case. The de facto complainant alleged commission of offences under Sections 147, 148, 323, 324, 427 of Indian Penal Code and Section 3(1)(x) of SC/ST (Prevention of Atrocities) Act, 1989 against 17 persons. The learned counsel for the petitioner submits that the case has been split up against the petitioner and in respect of the other accused, the trial was conducted and the case in S.S.C. No. 15 of 2005 on the file of the learned First Additional District and Sessions Judge (PCR), Thanjavur ended in acquittal and while acquitting the accused, it was observed as follows:

(3.) ON similar plea, this Court, under orders in Crl.O.P.(MD)No. 466 of 2010, dated 20.01.2010, had observed thus: