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2022 Supreme(Ker) 668

A. BADHARUDEEN
Noufal M. S. , S/o. Sidhik – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : N.M.Madhu, Sri.P.P.Harris, Smt.C.S.Rajani, Shri.Sohail Ahammed Harris P.P.
For the Respondent: Sri Renjit George, Sr.Public Prosecutor

JUDGMENT :

This is an appeal filed assailing order in Crl.M.P.No.3199 of 2019 dated 29.11.2019, on the file of the Special Judge(Principal Sessions Judge), Thrissur under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (hereinafter will be referred as SC/ST Act for convenience). Accused Nos.2 and 3 in the above case are the appellants. Respondents herein are the defacto complainant and the State of Kerala.

2. I shall refer the parties in this appeal as ‘complainant’, ‘accused’ and 'State' for convenience.

3. It is submitted by the learned counsel for the accused that as per Annexure-A2 order, the learned Special Judge directed investigation under Section 156(3) of Cr.P.C. by forwarding a complaint filed by the complainant to the Town West Police, Thrissur. It is submitted by the learned counsel for the accused that the order is illegal and the same is without application of mind as to whether a cognizable offence/offences has/have been made out in the complaint.

4. Per contra, the learned counsel for the complainant would submit that going by the allegations in the complaint, the materials are sufficient to see prima facie commission of cognizable offences unde

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