Procedural irregularities in the prosecution and inconsistent statements undermine the validity of charges under the SC/ST (POA) Act.

O R D E R

The accused in S.C No.391/2020 on the files of the Sessions Court (Special Court constituted under the SC/ST (POA) Act), Alappuzha has filed this petition to quash the proceedings against him in the said case. The offences alleged against the accused are under Sections 294 (b), 341, 323, 427 and 506(i) I.P.C and Sections 3(1)(r) and 3(2)(va) of the SC/ST (POA) Act (hereafter referred to as ‘the Act’).

2. The allegation against the petitioner as per the final report is that he, an Advocate by profession, and who does not belong to Scheduled Caste/Scheduled Tribe community, physically assaulted and verbally abused the second respondent who belonged to Scheduled Caste community on 30.11.2018 at about 2:30 p.m, while the second respondent was engaged in the act of taking the photographs of the roof portion of his house, with the help of CW3, for producing the above photographs before the Consumer Dispute Redressal Forum in a case relating to the defective roof tiles supplied by the client of the petitioner. It is alleged that the petitioner destroyed the camera of CW3, and showered verbal abuses after getting hold of the neck of the second respondent and pushing him aside.

3. The case has been registered by the Aroor Police on

22.07.2019 on the basis of the first information statement given by the second respondent/de facto complainant. In the aforesaid version of the second respondent in his first information statement, it was alleged that the petitioner had insulted the second respondent by calling caste name and thereafter resorted to physical assault by stomping, after pulling him down. Accordingly, the F.I.R was registered in respect of the offences under Sections 451, 323, 294(b) and 506 I.P.C and Sections 3(1)(s) and 3(2)(va) of the Act. However, after the completion of the investigation, the investigating agency deleted the offences under Sections 451 I.P.C and Section 3(1)(s) of the Act. Instead, the offences under Sections 341 and 427 I.P.C, as well as Section 3(1)(r) of the Act, were incorporated in the final report. The learned Sessions Judge took the final report into files as S.C No.391/2020 and issued summons to the petitioner to answer the aforesaid charge. It is the proceedings in the said case which the petitioner seeks to quash in this petition under Section 482 Cr.P.C.

4. Heard the learned counsel for the petitioner, the learned counsel for the second respondent, and the learned Public Prosecutor representing the State of Kerala.

5. The petitioner seeks to quash the proceedings against him in the aforesaid case stating the reason that a perusal of the case records revealing the back history of this case itself would show that a false case has been foisted against him with mala fide intentions. Adverting to Annexure-XII copy of the F.I.R registered by the Aroor Police on 06.12.2018, the learned counsel for the petitioner submitted that it was the first F.I.R registered in connection with the incident involved in this case. The aforesaid F.I.R has been registered on the basis of the complaint of CW3 that the accused physically assaulted and verbally abused him on 30.11.2018, while he was taking photographs of the roof tiles of the second respondent as instructed by the second respondent. Annexure-XIII copy of the final report would reveal that the Aroor Police had filed a final report in that crime in respect of the offences under Section 323 , 294(b) and 506(i) I.P.C and it was taken on to files by the Judicial First Class Magistrate Court, Cherthala as C.C No.176/2019. The second respondent herein is arraigned as CW4 in the aforesaid final report. Annexure-XIV is the copy of the statement which the second respondent gave under Section 161 Cr.