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2018 Supreme(Online)(KER) 28286

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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