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2001 Supreme(Ker) 22

R.RAJENDRA BABU
K. Muhammed – Appellant
Versus
K. Sukumaran – Respondent


Judgment :-

Petitioner, the accused in C.P. 54/2000 pending before the J.F.C.M. Court, Hosdurg, filed this petition for quashing the entire prosecution proceedings pending against him. The C.I. of Police, Hosdurg, filed the final report in Crime No. 200/97 of Hosdurg Police Station alleging the commission of offences u/Ss. 445, 341 and 506(1), I.P.C. and also u/S. 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, the Act). The final report was filed before the Sessions Court, Kasargod and it was taken to the file as S.C. 46/97. In view of the decision of the Supreme Court in Gangula Ashok v. State of A.P., 2000 (1) KLT 609 : (2000 Cri LJ 819), the case was sent back to the JFCM Court, Hosdurg for following the procedure of committal to the Special Court. Accordingly the case was registered as C.P. 54/2000 before the Court below. Now the petitioner seeks to quash the proceedings on the ground that the C.I. of Police who investigated the case and laid the charge was incompetent to investigate and prefer a charge-sheet in view of R. 7 of the Scheduled Castes and the Schedule Tribes (Prevention of Atrocities) Rules, 1995 (for shor












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