YAMUNA Vs. STATE

JUDGEMENT

(1.) These two petitions have been disposed of by a common order. The facts of these two petitions are as below: -

(2.) The petitioner in Criminal Revision Petition 989/2012 is the accused in Special Case No. 19/2008 on the file of II Additional District and Sessions (Special) Judge, D.K, Mangalore, facing trial for the offence under sec. 3(1)(ix) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act (for short hereinafter referred to as 'the Act'). The petitioner in Criminal Revision Petition 988/2012 is the accused in Special Case No. 23/2008 on the file of the same court for the same offence. They were prosecuted for the said offence on the allegation that they produced false caste certificates to show that they belonged to Marathi caste which comes under Scheduled Tribe category. Charge sheet was filed for the offence under sec. 3(1)(x) of the Act. The petitioners filed applications under sec. 227 Cr.P.C seeking their discharge. The court below by its order dtd. 22/8/2012 dismissed their applications and hence these revision petitions.

(3.) I have heard Sri Nataraja Ballal, learned counsel for the petitioner in Criminal Revision Petition No. 988/2012 and Sri Suyog Herele, learned counsel for the petitioner in Criminal Revision Petition No. 989/2012. I have also heard the learned Government Pleader.