Petitioner is the sole accused in crime No.307/2019 of

Pattambi police station. An FIR has been registered against him

alleging commission of offences punishable under Sec.341 of

IPC and under Sec.3(1)(s) of the Scheduled Casts and Scheduled

Tribes (Prevention of Attrocities) Act (for short the SC/ST PoA

Act). It appears that the allegation is that the petitioner abused

the first informant at the chamber of the latter, wrongfully

restrained him and called his caste name. The learned counsel

for the petitioner submits that something happened in the

chambers of the first informant does not attract the offence

alleged against the petitioner under the SC/ST PoA Act

inasmuch as the alleged offence did not taken place in public

view. The submission cannot be brushed aside. Therefore the

present one is a fit case to admit. However, I do not do that

since the learned public prosecutor submits on instructions

that the investigating officer on conclusion of the investigation

is satisfied that the case is only one in which a negative report

3

under Sec.173(2) of Cr.P.C is to be filed. It is also submitted

that the filing of the refer report has not taken place since the

file is placed before the district police chief for sanction. In

view of the said development, the learned counsel for the

petitioner seeks permission to withdraw the Crl.M.C without

prejudice to the right to file a fresh Crl.M.C in the event

sanction is not accorded by the district police chief. Reserving

the said right in the petition, the Crl.M.C is dismissed as

withdrawn.

Sd/-

A.M.BABU

Judge

Mrcs/10.10

4

APPENDIX

ANNEXURE A1

CERTIFIED COPY OF FIRST INFORMATION

REPORT DATED 18.08.2019 IN CRIME

NO.307/2019 OF PATTAMBI POLICE STATION.

ANNEXURE A2

TRUE COPY OF FIRST INFORMATION REPORT

DATED 15.08.2019 IN CRIME NO.305/2019 OF

PATTAMBI POLICE STATION.

ANNEXURE A3

TRUE COPY OF COMPLAINT DATED 15.08.2019

FILED BY THE PETITIONER BEFORE THE SUB

INSPECTOR OF POLICE, PATTAMBI POLICE

STATION.

ANNEXURE A4

TRUE COPY OF COMPLAINT DATED 05.08.2019

FILED BY THE PETITIONER BEFORE THE SUB

INSPECTOR OF POLICE, PATTAMBI POLICE

STATION.