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2022 Supreme(Ker) 930

A. BADHARUDEEN
X – Appellant
Versus
State Of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : S.RAJEEV, V.VINAY, M.S.ANEER, PRERITH PHILIP JOSEPH, SARATH K.P., ANILKUMAR C.R.
For the Respondent: R.ROHITH, HARISHMA P. THAMPI, SRI.G.SUDHEER

JUDGMENT :

This is an appeal filed under Section 14A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, (hereinafter referred to as “the SC/ST (POA) Act, for convenience”) by the appellant, who is the accused in crime No.596 of 2022 of Valappad Police Station, registered alleging commission offence punishable under Sections 3(1)(s) of the SC/ST (POA) Act, challenging order dated 23.09.2022 in Crl.M.P.No.2881/2022 passed by the Special Judge under the SC/ST (POA) Act, Thrissur.

2. Adv.R.Rohith appeared for the defacto complainant, when the defacto complainant was served with notice as mandated under Section 15A(3) of the SC/ST (POA) Act.

3. Heard the learned counsel for the appellant, the learned counsel for the defacto complainant, and the learned Public Prosecutor.

4. The precise allegation of the prosecution, as could be read out from the FIS given by the defacto complainant before the Police, is that, on 30.08.2022, at about 10.00 am, when the defacto complainant herein reached Valappad Service Co-operative Bank, Beach Road Branch, Kothakulam to remit the interest towards the gold loan availed by him, the accused herein, who does not belong to the Sched

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