M.GIRIDHARAN – Appellant
Versus
STATE OF KERALA – Respondent
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
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