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2022 Supreme(Online)(KER) 29168

HIGH COURT OF KERALA
SHIBU. K.L. – Appellant
Versus
STATE OF KERALA – Respondent


O R D E R

This is a petition filed under Section 482 of the Code of Criminal Procedure and the prayer herein is to quash Annexure-C complaint and Annexure-D order in S.C.No.300 of 2020 on the file of Sessions Court(Special Court for the Trial of Cases under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Thiruvananthapuram.

2. Heard the learned counsel for the petitioner. On notice, the defacto complainant appeared and he opposed the petition.

3. The learned Public Prosecutor also given emphasis to the order taking cognizance. In this matter, in the order of cognizance, the learned Special Judge observed as under:

“5. The statements of the complainant and the witnesses do not reveal the ingredients of criminal conspiracy, wrongful confinement, criminal trespass and mischief.

6. The materials available made out offences punishable u/ss.3(1)(r)&(s) of the Act.

7. Respondent No.3 is a member of Scheduled Caste. So, the offence punishable under the Act will not stand against him.

8. Resultantly, the complaint as against respondent No.3 is dismissed u/s.203 Cr.P.C.

9. The complaint as against respondent Nos.1 and 2 is also dismissed in respect of the offences punishabl

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