IRSHAD MOHAMMED HANIF Vs. STATE

JUDGEMENT

(1.) Petitioner who is arraigned as accused has filed this petition filed under Sec. 482 of Cr.P.C, with a prayer to quash the criminal proceedings initiated against him in Spl.Case (SC/ ST Act ) No.1/2021 pending on the file of Addl. District and Sessions Judge, Gadag, impugned complaint, FIR and charge sheet filed by the Naragund Police in Crime No.125/2020 for the offences punishable under Ss. 3(1)(r)(s), 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'SC/ST (PA) Act')and Sec. 324 and 504 of I.P.C.

(2.) It is contended by the petitioner that he is no way concerned to the alleged incident and he has been falsely implicated. Perusal of the entire charge sheet does not attract the provisions of Ss. 3(1)(r)(s), 3(2)(va) of the SC/ST (PA) Act, 1989 and Ss. 324 and 504 of I.P.C. The allegations made are motivated and fabricated for the purpose of converting a small issue of building construction into a criminal case to quell the voice of petitioner under the guise of criminal case. The provisions of special act are invoked mechanically based on the caste of the complainant, which is bad in law and blatant misuse of law, which is made otherwise in the interest of persons belonging to scheduled castes and scheduled tribes.

(3.) Despite due service of notice, respondent No.2 who is the complainant has remained absent.