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1999 Supreme(Ker) 72

K.A.MOHAMMED SHAFI
Rosamma Thomas – Appellant
Versus
Circle Inspector Of Police, Tripunithura – Respondent


Judgment :-

This petition is filed by the accused in Crime No. 39/95 registered by Panangad police alleging offence punishable under S. 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 to quash the FIR under S. 482 of the Code of Criminal Procedure.

2. The crime is registered against the petitioners on the basis of the complaint filed by the third respondent before the Circle Inspector of Police, Tripunithura and forwarded by him to the Sub Inspector of Police, Panangad for appropriate action. The allegation made against the petitioners is that the petitioners who do not belong to the scheduled caste or scheduled tribe with intent to insult and humiliate the third respondent who is a member of scheduled tribe have abused him by calling his scheduled tribe name" in public view and thereby they have committed the offence under S. 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act.

3. The petitioners have filed this petition to quash the FIR alleging that the third respondent does not belong to scheduled tribe and that no ingredients of the offence punishable under S. 3(1)(x) of the Act is alleged in the






















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