SUNIL @ SUNILSING Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner/accused No.1 under Section 482 of Code of Criminal Procedure, praying to quash/set aside the impugned order dated 18.06.2020 passed in GCPS Crime No.52/2020 by II Additional Sessions Judge, Vijaypaur for the offences punishable under Sections 448 , 323 , 504 , 354 read with Section 34 of IPC and under Sections 3(1)(r), 3(1)(s) of the SC/ST (PA) Amendment Act 2015 (for short 'SC/ST (PA) Act') and restore the order dated 10.06.2020 passed in Closure Misc.No.21/2020 and consequently recall the NBW issued vide order dated 30.07.2020 passed by the II Addl. Sessions Judge, Vijayapur.

(2.) As per sub-section (3) and (5) of Section 15-A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act , 1989, a notice is issued to the respondent No.2 who is a complainant herein and the learned High Court Government Pleader had filed memo with endorsement for having served the notice to respondent No.2-complainant. As per sub-section (12) of Section 15-A of the SC/ST (PA) Act, Sri Kallappa Sakry, who is a Panel Advocate on the list of the High Court Legal Services Committee, High Court of Karnataka, Kalaburagi Bench is engaged on behalf of respondent No.2.

(3.) Brief facts of the case are as under;