IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
SUMITHA – Appellant
Versus
STATE OF KERALA – Respondent
ORDER
Dated this the 31st day of January, 2026 The defacto complainant in Crl.M.P.No.128/2022 filed this petition being aggrieved by Annexure A7 order of the learned Special Judge on the ground that though the offence under the provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act is also made out, the learned Special Judge has taken cognizance of the offences under Section 323 & 506 IPC alone. Therefore, he prayed for directing the learned Special Judge to take cognizance of the offence under various provisions of the (SC/ST (POA) Act in short) also.
2. Heard the learned counsel for the petitioner as well as the learned counsel for the respondents, the accused persons.
3. On a perusal of the statement given by the petitioner before the Special Judge it is revealed that, she has not stated about her community and that of the accused persons. She also has not stated that the respondents knew that she is a member of SC/ST community. She also has not stated the abusive words allegedly spoken to by the respondents. It was in he above context, the learned Special Judge has not taken cognizance of the offences under the provisions of the SC/ST (POA)
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