LAWS(MAD)-2007-3-338

T MUTHUPANDIAN Vs. STATE OF TAMIL NADU

Decided On March 24, 2007
SIVA ALIAS SIVASUBRAMANIAM Appellant
V/S
INSPECTOR OF POLICE Respondents

JUDGEMENT

(1.) LEARNED counsel for the petitioners submit that the petitioners have come forward with this petition seeking the relief of quashing the F. I. R. which was registered for the alleged offences punishable under Section 147, 148, 323, 324 r/w 307 of I. P. C. And 3 (1) (x) of Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act.

(2.) LEARNED counsel for the petitioners submit that the petitioners are the students studying in a college. It is further submitted by the learned counsel for the petitioners that the petitioners agitated against the management and also partly succeeded and being aggrieved on the agitation, the college administration foisted the case against the petitioners herein. It is also further submitted by the learned counsel for the petitioners that the complainant belongs to Scheduled Caste, who had preferred complaint against the petitioners who are also belong to Scheduled Caste. The learned counsel for the petitioners further contented that the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act would apply only against the Backward Class people, but in this case the case was registered against the Scheduled Caste students. The learned counsel for the petitioner in support of his contention placed reliance on the community certificate issued to the petitioners which were annexed to the typed set filed along with the petition filed for quashing. Therefore it is submitted by the learned counsel for the petitioners that the F. I. R. registered in Crime No. 55 of 2007 by the respondent is liable to be quashed.

(3.) I have carefully considered the submissions of the learned counsel for the petitioner and also perused the materials available on record including the F. I. R. Copy.