N.SATHISH KUMAR CRL.O.P.No.20070 of 2020 https://sekarreporter.com/rs-barathi-casecrl-o-p-no-20070-of-2020-before-the-madurai-bench-of-madras-high-court-dated-22-02-2021-coram-the-honourable-mr-justice-n-sathish-kumar-crl-o-p-no-20070-of-2020/ [2/27, 07:45] Sekarreporter1: [2/27, 07:41] Sekarreporter1: CRL.O.P.No.20070 of 2020

[2/27, 07:12] Sekarreporter1: Rs barathi caseCRL.O.P.No.20070 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.02.2021 CORAM: THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR CRL.O.P.No.20070 of 2020 https://sekarreporter.com/rs-barathi-casecrl-o-p-no-20070-of-2020-before-the-madurai-bench-of-madras-high-court-dated-22-02-2021-coram-the-honourable-mr-justice-n-sathish-kumar-crl-o-p-no-20070-of-2020/
[2/27, 07:45] Sekarreporter1: [2/27, 07:41] Sekarreporter1: CRL.O.P.No.20070 of 2020
30 witnesses and collected several materials to prove the charge. Hence, as
a matter of right, the charge sheet filed as against the petitioner cannot be
quashed.
6. The learned counsel appearing for the defacto complainant /
second respondent would submit that the petitioner, being a political leader,
had spoken ill not only against the Scheduled Caste but also the Upper
Caste. His entire speech is in the way of dividing the people and creating
disharmony in the society. If such speeches are taken lightly at the realm of
freedom of speech, the same will create hatred among the members of the
Scheduled Caste and the general public. Hence, it is the contention that the
entire allegations and the materials collected by the prosecution show that
this is the case, where the petitioner has to go for trial. Hence, prayed for
dismissal of this petition.
7. It is well settled law that the power of quashing of a criminal
proceedings should be exercised sparingly, with circumspection and in
rarest of rare cases. The court, is not justified in embarking upon an
enquiry as to the reliability or genuineness of the allegations made in the
FIR or the complaint on the basis of the evidence collected during
investigation.
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10. When the allegations put against the accused carefully
perused, the remarks made by the accused prima facie show that he has
remarked that the people, except in Tamil Nadu, are idiots. He has also
stated that till now, no one from the Schedule Caste become Judge of the
High Court of Madhyapradesh. Only the leader Karunanithi, made
Mr.Varadharajan, who belongs to Schedule Caste as Judge of High Court of
Madras. Similarly, 7 or 8 Judges from the Scheduled Caste were also
appointed at the alms rendered by the Dravidian Progressive Federation.
The statements prima facie indicate the allegations targeted against
Scheduled Caste. This Court restrains itself from expressing any views as
to whether such utterance attracts the offence or not.
11. The allegations prima facie show that such statement leads
inference as if except the alms rendered by the Dravidian Progressive
Federation, the members from Scheduled Caste would not have been
become a Judge of the High Court. It is nothing but an humiliation and
insult to the oppressed community. The entire statements made by the
person are not in good taste. Intellectual debates have been forgotten by
the so called leaders. On the other hand, under the guise of freedom
guaranteed under the Constitution, the persons claiming to be public
leaders spitting venum against opponents. It has become routine affairs.
Such debate is not good for the society or the younger generation. The
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leaders are required to engage with an intellectual debate and not on
personal grudge.
12. Be that as it may, the prosecution has also examined as many
as 30 witnesses and collected several documents also. With the available
materials, whether the offence is made out or not, could be seen only after
the appreciation of entire evidence and it is the domain of the trial Court to
test the credibility of the case put forward by the prosecution. It is
submitted by the learned Senior Counsel appearing for the petitioner that
the offence under Sections 3(1)(u) and 3(1)(v) of the Act have not been
attracted. It is to be noted that the Investigating Officer has collected
several materials. The fact that whether the offence is attracted or not has
to be decided at the stage of trial and not at this stage. It is the wisdom of
the trial Court to apply its mind to frame charges for the relevant sections
on the basis of the available materials in the form of final report and other
documents relied by the prosecution, even though some of the offence
under other has not been included in the charge sheet. Therefore, this
Court at this stage, is not making any enquiry so as to find out whether the
materials collected will fit into the ingredients of the sections charged
against the accused.
13. As far as the judgment relied upon by the learned Senior
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 22.02.2021
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
CRL.O.P.No.20070 of 2020
and
CRL.M.P.Nos.8318 and 8320 of 2020
R.S.Bharathi …Petitioner/Accused
Vs.
1.The State rep.by
Assistant Commissioner of Police,
Central Crime Branch,
Bank Fraud Investigation,
Vepery, Chennai-600 007. … Respondent/Complainant
2.Kalyana Sundaram …Respondent/De-facto complainant
PRAYER: This Criminal Original Petition is filed under Section 482 of the
Criminal Procedure Code, to quash the final report filed in Spl.C.C.No.1 of
2020 before the Special Court No.1 for trial of Criminal Cases related to
MP’s and MLA of Tamil Nadu, Chennai.
For Petitioner : Mr.R.Shanmugasundaram
Senior Counsel
For R1 : Mr.A.Natarajan
Public Prosecutor
Assisted by Mr.M.Md.Muzammil
For R2 : Mr.V.Raghavachari
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