D.V. YASHWANTH KUMAR Vs. STATE

JUDGEMENT

(1.) This petition is filed under Article 226 of the Constitution of India read with Section 482 of the Cr.PC, praying this Court to issue a writ of certiorari by quashing the FIR registered by the Respondent No. 1, Sakleshpur Town Police in Crime No. 155/2020 for the offences punishable under Sections 3[1][r], 3[1][s] of the Scheduled Castes and the Scheduled Tribes [Prevention of Atrocities] Amendment Ordinance, 2014 and pass any other appropriate writ or order or direction as deemed fit in the circumstances.

(2.) Learned counsel for the petitioners in view of filing of the charge sheet also filed an application in I.A. No. 1/2021 under Section 482 of Cr.PC praying this Court to quash the charge sheet filed by the respondent-Police in C.C. No. 383/2020 in respect of Police Crime No. 155/2020 and the same is morally opposed by the learned High Court Government Pleader.

(3.) Petitioners' Counsel in his arguments vehemently contended that on perusal of the entire complaint which is annexed as Annexure-A discloses that the dispute is with regard to removal of the name of the complainant in the voters' list of the Bar Association. The offence under Sections 3[1][r] and 3[1][s] of the special enactment are invoked. The complaint does not disclose any ingredients of the offences which has been invoked against the petitioners herein. Petitioners' Counsel also contends that on entire reading of the complaint except mentioning that she belongs to a particular community, but nothing is averred taking her caste name or abusing her. The only allegation is that she belongs to a particular community and her right has been curtailed by removing her name and when she questioned, they did not allow her to question the removal of her name from the voters list and not participating in the bar election.