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2022 Supreme(Online)(KER) 47116

HIGH COURT OF KERALA
A. BADHARUDEEN, J
CHANDU CHANDRAN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SAIJO HASSAN, BENOJ C AUGUSTIN, RAFEEK, V.K.U.M.HASSAN, AATHIRA SUNNY, BINCY JOB, NEEMA NEERACKAL, AMBADI DINESH, L.K.SALMAN, FARIS

JUDGMENT

Dated this the 25th day of October, 2022 This appeal arises out of dismissal of Crl.M.C No. 1775/2022 in Crime No. 551 of 2022 of Aryanad Police Station, where the prosecution alleges commission of offences under Sections 294 (b), 451, 341, 323, 324, 327 and 506(i) read with 34 of Indian Penal Code as well as under Section 3(1)(r)(s) and 3(2)(va) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act herein after referred as SC/ST (POA) Act, for convenience.

2. Heard the learned counsel for the appellants and learned Public Prosecutor as well as the defacto complainant who appeared in person before this Court. The prosecution case runs as under.

3. The prosecution alleges that accused Nos. 1 to 3 who do not belong to SC/ST community on 02.08.2022 at about 5.30 pm trespassed upon the courtyard of the house of the defacto complainant, who belonged to Scheduled Caste community, abused him and thereafter the accused called his caste name with intention to humiliate him within public view. Prosecution would allege that accused Nos. 1 to 3 manhandled the defacto complainant with intention to do away him since the defacto complainant demanded Rs.10,000/- agreed t

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