VIJAY REDDY Vs. STATE

JUDGEMENT

(1.) Heard Sri. Manjunath H., learned counsel for the appellant and the Government Pleader for respondent no.1. Government Pleader files a memo to the effect that respondent no.2 has been served with notice through investigating officer, but respondent no.2 has not appeared before this court.

(2.) This is an appeal under sec. 14(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , ['SC/ST (POA) Act' for short], the appellant being accused no.2 in a private complaint i.e., PCR.No.77/2021 on the file of Addl. City Civil and Sessions Judge and Special Court for trial of offences under SC/ST (POA) Act. The court below referred the complaint to the police for investigation and accordingly FIR came to be registered in Cr.No.91/2022 by the first respondent-police. Since the court below rejected the appellant's application under sec. 438 of Cr.P.C., this appeal has been preferred.

(3.) If the entire private complaint is read, what appears is that probably there was an affair between the complainant and the first accused and that they had physical relationship also. It is alleged that accused no.1 promised to marry the complainant and the moment he came to know that the complainant belongs to scheduled caste, he went back upon his promise and this resulted in difference between the complainant and the first accused. The specific allegation is that on 21/3/2021, the complainant and the first accused met in a hotel called OCTAVE and at that time the complainant suggested accused no.1 about going for registered marriage, but he did not agree because of caste differences and probably there ensued quarrel at that time. It is stated that accused no.1 broke his hand.