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2023 Supreme(Online)(KER) 15158

HIGH COURT OF KERALA
N. NAGARESH, J
RAJENDRAN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
L.RAJESH NARAYAN, C.S. HRITHWIK

O R D E R

~ ~ ~ ~ ~ ~

The petitioner, who is the complainant in SC No.764/2020, is aggrieved by the common order dated 20.07.2023 in CMP No.1216/2023 passed by the Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , Mannarkkad.

2. The petitioner filed a complaint against the 2nd respondent and another accused alleging offences punishable under the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989 and under Section 420 IPC . The petitioner states that the police did not take any action and it was on the basis of a protest complaint that SC No.764/2020 was registered for the offences punishable under read with Section 34 and Section 3 (1)(s) of the , 1989 (for short, 'the Act, 1989').

3. The 2nd respondent filed CMP No.1216/2023 invoking Section 227 Cr.P.C. seeking discharge. The petitioner filed objections to the petition. According to the petitioner, the ingredients of the offences alleged were satisfied. The Special Court, however, by order dated 20.07.2023 found that there is no sufficient ground to proceed further against the accused and that they are entitled to discharge under Section 227 C

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