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.