M.A.KUTTAPPAN Vs. KRISHANAN NAYANAR

JUDGEMENT

(1.) THE appellant in this appeal by special leave is aggrieved by the order of the High Court of Kerala at Ernakulam in Crl. M.C. No. 2192 of 1996 dated 21st February, 1997 whereby a learned Judge of the High Court while allowing the application filed under Section 482 of the Code of Criminal Procedure quashed the order of the Special Judge, Thalassery whereby he had taken congnizance of the offences under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the '1989 Act' and Section 7(1)(d) of the Protection of Civil Rights Act, 1955. The High Court held that none of the offences above mentioned were made out on the basis of the complaint and the material placed before the learned Special Judge.

(2.) IN view of the order, which we propose to make, it is neither necessary nor advisable to refer to the facts of the case in detail lest it may prejudice the case of the parties in any proceedings in future. However it is necessary to briefly recapitulate the broad facts which give rise to the instant appeal.

(3.) THIS was the statement attributed to respondent No. 1 by witness No. 1 examined on behalf of the appellant According to the complainant respondent No. 1 stated :-