CHERIYAN M C Vs. STATE

JUDGEMENT

(1.) This writ petition is filed by the petitioners accused Nos.1 to 4 being aggrieved with the order of the Deputy Commissioner, Chikkamagaluru, dtd. 3/4/2021 whereby the Deputy Commissioner has appointed the 4th respondent-advocate as Special Prosecutor under Rule 4(5) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995 (hereinafter referred to as 'SC/ST Rules') to conduct the special case on behalf of respondent No.2 in Special C.C. No.75/2020 pending on the file of I Additional District and Sessions Judge, Chikkamagaluru.

(2.) Heard the arguments of learned counsel for the petitioners and learned SPP and HCGP for the respondent Nos.1 and 3 as well as respondent No.2. Respondent No.4 served and unrepresented.

(3.) The case of the petitioners is that the petitioners are accused who are facing trial before the Special Court for the offences punishable under Ss. 3(1)(g), 3(1)(p), 3(1)(2b), 3(1)(zc), 3(2)(v-a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (hereinafter referred to as 'SC/ST Act') and Sec. 506 of IPC on the complaint filed by respondent No.2 before the Jayapura police Station, Chikkamagaluru which is registered in Crime No.36/2019. Respondent No.2 approached the Deputy Commissioner of the district requesting to appoint respondent No.4-advocate as a Special Prosecutor to prosecute the matter. Accordingly, the Deputy Commissioner vide order dtd. 3/4/2021 appointed respondent No.4 as Special Public Prosecutor, which is under challenge in this writ petition.