G.J. KUMAR @ JOSEPH KUMAR S/O GEORGE Vs. STATE OF KARNATAKA BY STATION HOUSE OFFICER KOTHANUR POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the respondent - State.

(2.) Perused the order impugned in this petition. The petitioners were charged by the police by way of filing charge sheet for the offences under Section 292(1)(2), 506, 509, 120B R/w Section 34 of IPC as well as section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(3.) The petitioners approached the trial Court after their appearance under section 227 of Cr.P.C., 1973 for their discharge. On perusal of the application filed for their discharge in detail shows that, they have contended with regard to each and every offences how the alleged offences are not constituted and how they are entitled for discharge for the above said offences. Whether those contentions are valid or not has to be tested from the materials available on record i.e., entire charge sheet papers filed by the police. Instead of doing that, the leaned Sessions judge has proceeded to pass the impugned order in a very cryptic manner. As stated that, the accused No. 1 to 4 claimed that they are converted to Christians and they have produced the copies of same documents. The Court held that the same is matter of evidence which have to be proved during the course of the trial. Having come to such conclusion only on the offence under Section 3(i)(x) of SC and ST Act the Court has framed the charges in violating the provision, section 228 of Cr.P.C., 1973 in so far as the Accused No. 1, 3 and 4 concerned and not against the accused No. 2. But as already narrated, the application is filed not only for discharge from Section 3(i)(x) but in its entirety the accused have sought for discharge.