O R D E R

This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure (`Cr.P.C’ for short), seeking to quash Annexure 1 F.I.R in Crime No.64/2022 of Kidangoor Police Station, Kottayam, final report thereof and consequential S.C.No.342/2022 pending before the Special Court, Kottayam. The petitioners are accused Nos.1 and 2 in this case.

2. Heard the learned counsel for the petitioners and the learned Public Prosecutor in detail. Perused the relevant documents.

3. Here the prosecution alleges commission of offences punishable under Sections 352, 294(b), 323 r/w 34 of the Indian Penal Code as well as Section 3 (2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989 (`SC/ST Act’ for short). The prosecution case is that accused 1 and 2, who do not belong to either Scheduled Caste or Scheduled Tribe community, knowing fully well that the second witness, who is the son of the 6th witness, a member of Hindu Pulaya community, assaulted the second witness. The specific allegation is that the 2nd accused caught hold on the neck of the second witness, abused him, beaten him and kicked him down. The 1st accused and the sixth