ORDER :

Crl.M.C.No.8843/2023 is at the instance of the accused in Cr.MP No.34/2019 on the files of the Special Court under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, (hereinafter referred to as ‘SC/ST (POA) Act, 1989 (Unamended), Kottayam, (Sessions Court) and the prayers are as under:

“1. Quash the order, dated 13.07.2023, in SC No.390/2023, pending on the files of Court of Session, Kottayam, arising out of Crl.M.P.No.34 of 2019 (Annexure VII), and further proceedings therefrom.

2. Quash Crl.M.P.No.34 of 2019, pending on the files of Court of Session, Kottayam, arising out of crime no.237 of 2016 of Gandhinagar Police Station, Kottayam revenue district, and further proceedings therefrom”

2. Similarly, Crl.M.C.No.5063 of 2024 is at the instance of the complainant and the prayer is as under:

“set aside that part of Ann-III order of Court of Session, Kottayam, declining to take cognizance for the offence under Sec.3(1)(x) for the incident on 03.09.2014 and proceed in accordance with law.”

3. Before analysing the facts and the matter in issue, the parties in these matters will be referred hereinafter as “complainant” and “accused” for easy reference.

4. Heard