VASUDEVACHARYA AND SMT. BHAGYALAXMI Vs. STATE OF KARNATAKA, R/BY POLICE INSPECTOR, VIDYAGIRI POLICE STATION, REP. BY SPP HIGH COURT OF KARNATAKA AND ARVIND MUGADUR

JUDGEMENT

(1.) THIS petition coming on for admission, is considered for final disposal, having regard to the facts and circumstances. Heard the learned counsel for the petitioners. The learned counsel for the respondents seeks time to produce the charge sheet filed in the said case. However, it is to be noticed that the present petitioners are said to be the owners of certain lands and had issued legal notice to accused No. 3, as per the document enclosed at annexure -D. The respondent has sought to prosecute the petitioners along with their counsel, for an offence punishable under Section 3(10) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'SC and ST Act', for brevity). It is also to be noticed that, accused No. 3, had challenged the proceedings before this Court in Crl P. No. 10018/2013, which was disposed of by an order dated 17.062013, quashing the proceedings insofar as accused No. 1, is concerned, namely, the advocate, who had issued the legal notice on the finding by this Court, that he had merely discharged his duties as a counsel and was acting on the instructions of the present petitioners, and has proceeded to quash the proceedings. The present petitioners would now seek to question the proceedings pending before the criminal Court while pointing out, that there can hardly be anything objectionable and which would make out an offence punishable as aforesaid with reference to paragraph 3 of Annexure -D. Paragraph 3 thereof reads as follows:

(2.) FROM a reading of the above, it cannot be said that an offence punishable under Section 3(1)(10) of SC and SC Act, is made out. Therefore, the entire proceedings are apparently an abuse of process of Court and consequently, the petition is allowed. The proceedings pending before the Court below in Crime No. 176/2012 stands quashed.