HIGH COURT OF KERALA
BALAN @ KUNJU – Appellant
Versus
SATHEERTHYAN @ THANKACHAN – Respondent
This petition is filed under Section 482 of the Code of Criminal
Procedure ('the Code” for brevity) with a prayer to quash the
proceedings pending against the petitioners.
2.
The petitioners herein are the accused in S.C.No.358 of 2015
on the file of the Principal District & Sessions Court [Special Court for the
trial of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities)
Cases], Thodupuzha. They are accused of having committed offences
punishable under Sections 143, 147, 148, 149, 323, 324, 341, 354,
294(b), 509, 447, 504 of the IPC and Sections 3(1)(10) of Scheduled
Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989. This
case arises out of a complaint filed by the first respondent before the
court below.
3.
The 1st respondent is the de facto complainant. The allegation
is that on 15.09.2013 at about 5.30 pm, due to the previous enmity, the
petitioners herein manhandled the 1st respondent.
4
4.
The learned counsel appearing for the petitioners submitted
that at the instance of second petitioner herein, a crime was registeed
against the first respondent and others and the same was taken
cognizance by the court below as S.C. No.356 of 2015. He also refers
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