SRI RAJENDRA PRASAD AND ORS. Vs. THE STATE OF KARNATAKA REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA

JUDGEMENT

(1.) HEARD . The revision petition is taken -up for final disposal with consent of learned counsel for the petitioner and the learned High Court Government Pleader.

(2.) THE present revision petition preferred by the petitioners is directed against the order dated 08.02.2013 passed in Special Criminal Case No. 8/2011 by the II Additional City Civil and Sessions Judge (CCH -17), Bangalore City, dismissing the application filed by the petitioners under Section 227 of Cr.P.C. seeking for discharge.

(3.) LEARNED counsel for the petitioners contends the occurrence according to the complainant has taken place on 05.09.2009 and 09.11.2009. The complaint has been filed on 22.03.2010 nearly about six months after the occurrence. The husband of the complainant is none other than a Head Constable working in Police Department. The present complaint has been filed since A1 was insisting to vacate the house which had been rented out to them. He, further contends even taking the allegations made in the complaint, no offence is made out under Section 3(1)(x) of SC & ST (POA) Act, 1989, since the abusive words hurled at the complainant and her children are inside the house and not in the public view. He, further contends the case is filed against them belatedly on account of the first petitioner -A1 insisting them to vacate the house. In the circumstances, as there is no material to proceed against them, the impugned order be set aside and they be discharged in the case by allowing the application filed by them before the trial Court.