N. Xavier Raj S/o A.M. Nicholas vs State of Kerala

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Ker) 2498

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN
N. Xavier Raj S/o A.M. Nicholas – Appellant
Versus
State of Kerala – Respondent

Advocates Appeared:
For the Appellants : V.V. Surendran, P.A. Harish, Shilpa K.
For the Respondent: Hrithwik C.S.

ORDER :

1. This Revision is filed against the order dated 28.02.2025 in Crl. M.P 2987/2022 in SC No.879/2017 by the Special Judge for the Trial of Offence under SC/ST (PoA), 1989, Ernakulam. It is an order dismissing the application under 227 of the Code of Criminal Procedure (for short Cr.PC)/250 of Bharatiya Nagarik Suraksha Sanhita, 2023 ( BNSS ). The prayer of the petitioner to discharge is rejected by the Special Judge. Aggrieved by the same, this Revision is filed.

2. When this revision came up for consideration, this Court requested the counsel for the petitioner to argue about the maintainability of the revision, in the light of Sec. 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'Act, 1989'). This Court also appointed Adv. K.R.Vinod as Amicus curiae in this case to help the court.

3. Heard the learned counsel for the petitioner, the learned Public Prosecutor and the Amicus curiae.

4. Adv. Vinod, who is appointed as the amicus curiae, submitted that no revision is maintainable because it is an order which is appealable under Sec.14A of the Act 1989. The counsel relied on the judgment of the Full Bench of the Allahabad High Court