IN THE HIGH COURT OF KERALA AT ERNAKULAM
G.GIRISH, J
LEELADASAN – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. prosecution alleges caste-based assault and hurt. (Para 2) |
| 2. petitioner challenges sc/st act offences as afterthought. (Para 3 , 5) |
| 3. initial omission not fatal to sc/st proceedings. (Para 6) |
| 4. prima facie case; quashing petition dismissed. (Para 7) |
O R D E R
The accused in S.C No.672/2019 on the files of the Sessions Court, Thrissur, has filed this petition under Section 482 Cr.P.C to quash the proceedings against him in the aforesaid case. The offences alleged against the petitioner are under Sections 325, 294(b) and 506(i) I.P.C and Section 3(1)(r) and 3(2)(va) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.
2. The prosecution case is that on 17.08.2019 at about 9:00 p.m, the petitioner who belongs to the Hindu Ezhava community, verbally abused and criminally intimidated the de facto complainant belonging to Scheduled Caste community, referring to his caste, and also by uttering obscene words, and thereafter, inflicted voluntary grievous hurt upon the de facto complainant by fisting and hitting with hands upon his left ear, causing serious injuries to the ear drum. The reason for the aforesaid assault is said to be the brawl which aros
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