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2020 Supreme(Ker) 952

B.SUDHEENDRA KUMAR
Arul P. Sugathan – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Appellant :P. Vijaya Bhanu (Sr. Advocate), P.M. Rafiq, M. Revikrishnan, Ajeesh K. Sasi, V.C. Sarath, Vipin Narayan, Pooja Pankaj, Sruthy N. Bhat & Abel Tom Benny
For the Respondent: N.D. Arun Das, M.C. Chithrakala, P.K. Pretheep Kumar & Government Pleader (V. Sreeja)

JUDGMENT :

1. The appellants are the accused and the second respondent is the informant in Crime No.167 of 2020 of Chirappu Police Station, registered for the offences punishable under Ss.323, 498A, 506 and 294(b) I.P.C. and S.3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 (for short “the Act”).

2. The prosecution allegation can be briefly stated thus:-

The second respondent married the first appellant on 24.04.2019 in accordance with Hindu rites and ceremonies and thereafter, she was taken to her Matrimonial Home on the very same day. Ever since the marriage, the second respondent was treated with mental and physical cruelty by the appellants. The second respondent is a member of Scheduled Caste whereas the appellants do not belong to Scheduled Caste/Scheduled Tribe.

3. The appellants filed application under S.438 Cr.P.C. before the Special Court concerned, which was dismissed by the Special Court as per order dated 14.07.2020 in B.A.No.541/2020, against which this appeal has been filed.

4. Heard the learned Senior Counsel Sri.Vijayabhanu.P, for the appellants, the learned Counsel Sri. N.D.Arundas for the second respondent and the

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