GOVINDARAJU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner Nos.1 to 3, who are accused before the Trial Court have filed this revision petition under Sec. 397 read with Sec. 401 of Cr.P.C being aggrieved by the order dated 08.01.2015 passed by the II Additional Sessions Judge, at Bengaluru (CCH-17), in Spl.CC No.60/2012, dismissing their application filed under Sec. 227 of Cr.P.C, praying to discharge them from the charges leveled against them.

(2.) Heard learned counsel for the petitioners/accused and learned High Court Government Pleader appearing for the respondent-State.

(3.) Learned counsel for the petitioners contended that the complainant one Vinod Kumar M, S/o. late Mahalingam filed a complaint before the Indira Nagar Police alleging that on 30.09.2011, one Vijayan Nair and the petitioners were abusing one Mohantha and assaulted him by taking the name of the caste though they belonged to SC/ST community. On the basis of the said complaint, the Police registered the case for the offences punishable under Sec. 323, 506 of Penal Code and Sections 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, (for short 'SC and ST (PoA) Act') and after investigation, the Investigating Officer has dropped the name of Vijayan Nair, who has abused the complainant by taking the name of the caste and thereafter, the charge sheet came to be filed against these petitioners excluding Vijayan Nair and the petitioners therefore, filed an application under Sec. 227 of Cr.P.C seeking their discharge on various grounds.