PALANI Vs. STATE BY DEPUTY SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) The learned counsel for the petitioners submitted that the petitioners have come forward with this petition seeking to call for the records in S.C No.63 of 2016 on the file of Learned Sessions Judge for SC/ST cases, Villupuram, Villupuram District and quash the same.

(2.) It is the case of the petitioners that on the complaint lodged by Murugan (R3), a case in Tiruvennainallur Police Station Crime No.546 of 2007, was registered and after completing the investigation, a charge sheet in PRC No.6 of 2015, was laid before the Judicial Magistrate, Ulundurpet Sub Division, Villupuram District against 97 accused for the offence under Sections 147, 148, 188, 294(b), 232, 324, 427, 506(ii), 307 IPC r/w.7(1) (a) CLA Act, 3 (1) TNPPDL Act r/w.3(1)(x) SC/ST Act on 31.12009. The case has been committed to the Court of Principal Sessions Court, Villupuram in S.C.No.63 of 2016. Under such circumstances, the petitioners/accused are before this Court, for quashing the prosecution.

(3.) Mr.K.Balu, learned counsel for the petitioners/accused submitted that no such incident as alleged in the charge sheet had taken place, inasmuch as the villagers in the locality were objecting to a particular name board being installed therein and therefore, they had peacefully gathered to protest. He would further submit that out of 97 accused, 13 persons belong to Dalit Community and therefore, they cannot be prosecuted for the offence under SC/ST Act.