SHRIKANT Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The Criminal Appeal No.100017/2023 is filed by Accused Nos.2, 4, 5 & 6, while Criminal Appeal No.100018/2023 is filed by Accused Nos. 1 & 3 under Sec. 14-A(2) of Scheduled Casts and Scheduled Tribes (Prevention of Atrocities) Act , 2015 ( 'SC & ST Act ' for short).

(2.) The Criminal Appeal No.100017/2023 is filed praying to set aside the order dtd. 3/1/2023 passed in BTPS Crime No.122/2022 dismissing the petition filed under Sec. 439 of Code of Criminal Procedure, 1973 (hereinafter referred to as ' Cr.P.C .', for short), while Criminal Appeal No.100018/2023 is filed praying to set aside the order dtd. 3/1/2023 passed in Criminal Misc. No.451/2022 (arising out of Crime No.122/2022) dismissing the petition filed under Ss. 438 of Cr.P.C., for the offences punishable under Ss. 506 , 504 , 143 , 147, 308, 323 r/w. 149 of IPC and under Sec. 3(1)(r)(s), 3(2)(V)(a) of SC and ST Act by the Additional District and Sessions Judge (Special Judge), Gadag.

(3.) It is submitted by the appellants/accused in Criminal Appeal No.100018/2023 that the appellants are belonging to same category as that of complainant and hence, the provisions of SC & St Act are not applicable. The said submission is placed on record.