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M. NAGAPRASANNA
Rithesh Pais, S/O. Late Micheal Pais – Appellant
Versus
State Of Karnataka by Puttur Town P. S. Rep. by SPP – Respondent
ORDER :
The petitioner is before this Court calling in question the proceedings in SPL.C.No.5023/2021 pending before the V Additional District & Sessions Judge, DK, Mangalore sitting at Puttur arising out of Crime No.72/2020 of Puttur Town Police Station registered for the offences punishable under Sections 504, 323, 506 of the IPC and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 (hereinafter referred to as "the Act" for short).
2. Sans details, facts in brief germane for consideration of the lis are as follows:
Facts as projected by the prosecution are that on 2.10.2020 at around 10.30 a.m. when the complainant was working in a newly constructed building belonging to CW-7 at Yelmudi, Puttur, Puttur Taluk accused/petitioner goes there and asks the complainant to stop the work for which the complainant appears to have replied that he is working on the instructions of the owner of the building. It is further alleged that in front of witnesses CW-2 to CW-6 the accused/petitioner addressed the complainant taking the name of his caste, threatened his life and obstructed construction activity of CW-7.
Inherent powers under Section 482 CrPC though wide have to be exercised sparingly, carefully and with great caution.
The court clarified the interpretation of 'within public view' in the context of the Atrocities Act, holding that a place can be considered 'within public view' even if it is a private place, provide....
The court emphasized that criminal proceedings must be quashed if they lack prima facie evidence, preventing abuse of the judicial process.
Allegations under the SC/ST Act require intentional insult or intimidation in public view; dismissal of revision upholds trial due to sufficient prima facie evidence.
Insufficient grounds for charges under the Atrocities Act were identified, as the allegations did not satisfy requisite legal conditions.
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