MUNIRAJ Vs. STATE

JUDGEMENT

(1.) This Writ Petition (Criminal) has been filed by the petitioner to direct the respondents 1 and 2 to initiate appropriate proceedings as against the respondents 4 and 5 under Sec. 4(1) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 and further direct the 5th respondent to register the complaint dtd. 7/8/2024 in view of the order passed by the learned Judicial Magistrate No.II, Hosur, Krishnagiri, in Crl.M.P.No.4717 of 2024, order dtd. 24/2/2025.

(2.) The case of the petitioner is that the petitioner belongs to Scheduled Caste community and he is a physically challenged person. In the year 1997, under the Tamil Nadu Government Land Ceiling Scheme, his mother was granted 2.90 acres of land in Rangapanditha Agraharam Village in Hosur Taluk and since then he has been in possession and enjoyment of the said property. While so, one Lakshmiyamma, Venkatasami Reddy, Lakshmi Narayanan , Vijayakumar and Kannan and their associates, in order to usurp his land, obtained false and fabricated revenue documents in the name of their family members. Hence, the petitioner filed a civil suit against the said persons and their associates in O.S.No.105 of 2022 before the Sub-ordinate Court, Hosur. Meanwhile, on 6/8/2024 at around 5.00 p.m., he received an information that the said accused along with several known and unknown individuals arrived in a car and two wheelers carrying weapons such as Machetes and stones and trespassed into his land and began to demolish his house worth Rs.10.00 lakhs. Immediately, he called 100 and rushed to the spot wherein, the said persons threatened to kill the petitioner and scolded him in filthy language by demeaning his caste and disability. Fearing for life, despite being disabled with a cripple leg, he ran and saved himself. Immediately, he went to the 5th respondent police station and submitted a typed complaint regarding the said incident. However, the 5th respondent tore it up and threatened saying he would take action only if the petitioner signed a new complaint drafted by him. Out of fear, the petitioner signed the said complaint drafted by the 5th respondent and received CSR No.338 of 2024. Thereafter, in order to seek appropriate legal remedy and protection under Sec. 175 of BNSS, the petitioner sent representations to the respondents 1 to 3 and other higher Government officials along with the original complaint. However, the accused persons were using their clout from registering any FIR against them.

(3.) The learned Government Advocate (Crl. Side) appearing for the respondents 1 to 3 submitted that based on the directions given by the learned Judicial Magistrate No.II, Hosur, Krishnagiri, in Crl.M.P.No.4717 of 2024, preliminary enquiry was conducted and the report was also forwarded to the Magistrate. Since already action was taken and report also filed, the petitioner is not entitled to the relief as sought for.