SIDDALINGAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner - complainant had filed a private complaint under Sec. 200 of Cr.PC to take cognizance of the offences punishable under the provisions of the SC/ST (PoA) Act, 1989 and under Ss. 191 , 192 & 198 read with Ss. 506 , 34 and 120(B) of IPC. The learned District Judge, after recording the sworn statement, dismissed the complaint stating that, the essential elements so as to constitute the commission of the aforesaid offences are conspicuously absent. Taking exception of the same, the petitioner is before this Court.

(2.) The learned counsel for the petitioner submits that, the allegation made in the complaint discloses that the complainant was subjected to harassment and cruelty, since he belongs to the lower caste, and the learned District Judge, ignoring the said allegation, has dismissed the complaint.

(3.) The learned counsel for the respondents No.2 and 4 - accused Nos.2 to 4 submits that, the allegation made in the private complaint does not satisfy the essential elements so as to constitute the commission of offences alleged by the complainant, and in the absence of the said essential elements, the learned District Judge has rightly dismissed the complaint.