K.P.JYOTHINDRANATH
P. S. Ganapathi Swami, S/o. Subramanian – Appellant
Versus
Karthikeyan, S/o. Vazhappillyveettil Sankaran, Represented By Public Prosecutor, High Court Of Kerala – Respondent
1. This appeal is preferred under Section 341 of Cr.P.C. against the order dated 22.8.2001 made in Crl.M.P. 993/2001 of Sessions Court, Thrissur.
2. The facts necessary for disposal of this criminal appeal is as follows:
The appellant herein was the accused in S.C.No.73/1998. The offence alleged therein was under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. A boy aged about 13 years, who was examined as PW2 before the court below, was the victim and it was alleged that the accused called the caste name in a public place while he was going to play. It is also the case that since his cousin was coming, the accused went away. After 5 or 6 days, a complaint was filed before police knowingly that it was a false complaint. It was accepted by the 2nd respondent herein and a crime was registered for an offence under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The complaint before police was filed by the 1st respondent herein. Thereafter investigation was conducted and accused surrendered before the special court i.e. Sessions Court, Thrissur and bail was granted on the very same day. Af
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