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january 2023

Supreme Court of India · 2023-01-05

B. VENKATESWARAN vs P. BAKTHAVATCHALAM

Citation / case number
SC 2021/10389
Court
Supreme Court of India
Petitioner
B. VENKATESWARAN
Respondent
P. BAKTHAVATCHALAM
Author
HON'BLE MR. JUSTICE M.R. SHAH
Bench
HON'BLE MR. JUSTICE C.T. RAVIKUMAR HON'BLE MR. JUSTICE M.R. SHAH

Judgment text excerpt

The Supreme Court examined the validity of the High Court's decision to dismiss a petition under Section 482 of the Criminal Procedure Code, which sought to quash criminal proceedings initiated under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The case involved allegations of illegal construction obstructing public pathways and causing atrocities. The Court analyzed whether the criminal proceedings were justified and whether the High Court's refusal to quash was appropriate, ultimately upholding the proceedings. The judgment emphasizes the importance of scrutinizing the merits of criminal cases at the quashing stage to prevent abuse of process.

B. VENKATESWARAN vs P. BAKTHAVATCHALAM · Niyam