O R D E R

This is a petition filed under Section 482 of Cr.P.C. by the accused in S.C.No.847 of 2020 on the file of Special Court for the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act (hereinafter referred to as the 'SC/ST Act' for convenience), Mannarkkad arising out of Annexure-A3 final report. The respondents in this petition are the State of Kerala as well as the defacto complainant.

2. Heard Adv.Sri.P.Jayaram appearing for the petitioner, Adv.Jayaraj appearing for the defacto complainant and the learned Public Prosecutor.

3. The prayer in this petition is to quash Annexure-A3 final report insofar as offences under Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the 'SC/ST Act', as amended.

4. It is submitted by the learned counsel for the petitioner that no offence under the 'SC/ST Act' is made out in this case and therefore, Annexure-A3 is liable to be quashed insofar as offences under the 'SC/ST Act' are concerned. He submitted further that the dispute regarding cut and removal of a tree and exchange of words between the petitioner and the defacto complainant led to registration of two crimes and the police investigated both crimes and filed final report respectively.

5. According to the learned counsel for the petitioner, since no offences under the 'SC/ST Act' could be gathered from the final report, the offences alleged to be committed under Sections of the SC/ST Act as per Annexure-A3 are liable to be quashed.

6. Per contra, it is submitted by the learned counsel for the second respondent/defacto complainant that the petitioner herein assaulted the defacto complainant by using an iron rod with knowledge that the defacto complainant is a person belonging to Scheduled Caste community where the petitioner belonging to a higher caste (not belonged to Schedule Caste or Scheduled Tribe). Therefore, prima facie, the offences alleged to be committed are made out and this is not a fit case to quash the said offences.

7. The learned Public Prosecutor also supported the argument advanced by the learned counsel for the defacto complainant.

8. While allaying the dispute, a perusal of the allegation in the final report required to be looked into. The specific allegation is that the accused herein, who does not belong to Scheduled Caste or Scheduled Tribe community on 07.09.2020 at about 6.45 p.m., assaulted the defacto complainant with knowledge that he belongs to Cheruma community of the Scheduled Caste, due to animosity arose out of refusal on the part of the defacto complainant to cut and remove a tree, which is standing in the property of the defacto complainant. On investigation, the police laid Annexure-A3 charge.

9. It is submitted further that on investigation of the crime registered against the defacto complainant, the police laid charge under Sections 341, 323 and 324 of IPC and the same is pending before the Magistrate Court for trial.

10. The only question to be decided in this matter is whether Annexure-A3 is liable to be quashed insofar as the same alleges commission of offences under Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the 'SC/ST Act'. In this case, admittedly, the accused and the defacto complainant are neighbours and the dispute itself has been alleged to be sprouted, because of refusal on the part of the defacto complainant to cut and remove a tree lying on the boundary of the defacto complainant. Section

3(2)(va)of the SC/ST amended Act provides that;

(2) Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe,- (va) commits any offence specified in the Schedule, against a person or property, knowing that such person is a member of a Scheduled Caste or a Scheduled Tribe or such property belongs to such member, shall be punishable with such punishment as specified under the Indian Penal Code (45 of 1860) for such offences and shall also be liable to fine.

11. Going by the schedule, Sections 323 and

325 are in the schedule and therefore, mere knowledge of the accused that the defacto compl