GOVINDARAJU @ SHIVA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner herein filed this revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure being aggrieved by the charges framed by the LXX Additional City Civil and Sessions Judge and Special Judge, Bengaluru, in Special Case No.404 of 2015 dated 3-4-2018.

(2.) The ranks of the parties before the trial Court are retained for the sake of brevity.

(3.) The case of the petitioner/accused No.1 is that Madivala Police filed charge-sheet against the petitioner and other three accused for the offences punishable under Sections 504 and 506 of the Indian Penal Code, 1860 (for short, 'the I.P.C.'), Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, [for short, 'the SC/ST (POA) Act']. After filing the chargesheet, the petitioner and other accused appeared before the Court and all the four accused filed an application under Section 227 of the Code of Criminal Procedure to discharge them from the said offences. On 25-9-2017, the trial Court rejected the application. Being aggrieved by the same, all the four accused filed Criminal Revision Petition No.1069 of 2017 before this Court. By the order dated 10-11-2017, this Court allowed the revision petition and directed the trial Court to re-hear the said application and to pass appropriate orders. Thereafter, by the order 23-12-2017, the trial Court considered the application of the accused under Section 227 of the Code of Criminal Procedure and passed the order holding that the charges shall be framed against accused Nos.1 to 4 for the offences punishable under Sections 504 and 506 read with Section 34 of the I.P.C., Section 3(1)(x) of the SC/ST (POA) Act and also under Section 354D of the I.P.C. and Section 12 of the POCSO Act.