N K MOHAN RAM Vs. STATE

JUDGEMENT

(1.) The appellant has challenged the order rejecting his application filed under Section 340 Cr.P.C.

(2.) The facts reveal that the appellant is accused in Special case No.126/2008 and he was prosecuted for the offences punishable under Sections 3(1)(x) of the SC/ST (Prevention of Atrocities) Act, 1989, and under Sections 323, 504 and 506 r/w 34 of IPC.

(3.) After the charge was framed and when the evidence was to be recorded, the complainant is said to have written a letter to the Home Secretary, Government of Karnataka, seeking appointment of a Special Prosecutor to conduct the case and in the said letter he alleged that the prosecutor who was conducting the case has colluded with the accused and that he had seen the accused in the office of the Public Prosecutor and therefore sought for appointment of a Special Prosecutor. Copy of the said letter has been produced at Annexure 'E'. Further, the complainant addressed a letter to the learned City Civil and Sessions Judge dated 11.2.2010, the copy of which has been produced at Annexure 'F' annexed with the copy of his letter to the Home Secretary seeking adjournment of the case. Thereafter, it appears that the appellant was tried and was acquitted of the charge vide judgment and order dated 29.3.2011.