ANIL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel appearing for the petitioner and the learned HCGP appearing for respondent No.1-state.

(2.) The grievance of the petitioner, who has approached this Court under Sec. 482 of Cr.P.C., is that even though the investigating officer has filed a charge sheet against the accused for the offence punishable under sec. 504 , 506 read with 34 of IPC and Sec. 3(1)(r) ,

(3.) (1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2015 (for short "SC/ST (POA) Act"), the necessary ingredients are not found in the charge sheet papers. It is submitted that the Trial Court has taken cognizance and issued warrant against the petitioners. It is submitted that no case is made out to invoke the provisions of SC/ST (POA) Act and therefore, the entire proceedings needs to be quashed. 3. If at all no case is made out in the charge sheet against the petitioners herein, the remedy is available under the Code of Criminal Procedure at the stage of hearing before charge, which may be pressed by the petitioners before the Trial Court. It is only after exhausting such remedy, the question arises is as to whether the case is made out to try the petitioners herein or not. Therefore, reserving liberty to the petitioners herein to approach the Trial Court to make out their case to drop the proceedings, as there are no sufficient material, it would be proper that the Trial Court be directed to permit the appearance of the petitioners herein and consider their bail application on the date of their appearance.