BASAVARAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) I have heard the arguments of the petitioners' counsel and also the learned H.C.G.P. for the respondent No.1.

(2.) The factual matrix of the case is that the respondent No.2 herein lodged a complaint on 12/1/2007 against the petitioners herein. Based on the complaint, the police have registered a case for the offences punishable under Sections 418, 419, 420, 468, 470, 471, 477, 482 and 201 of the Penal Code and when the evidence was commenced an application was filed under Sec. 323 of Crimial P.C. stating that the accused have committed an offence under Sec. 3(i)(ix) of the Scheduled Castes and Schedules Tribes (Prevention of Atrocities) Act, 1989. Hence, requested to take cognizance for the said offence and the Court below considering the application filed under Sec. 323 of Crimial P.C. referred the matter to the Special Court, vide order dated 17/11/2015, by allowing the application.

(3.) The petitioners being aggrieved by the order dated 17/11/2015 have filed this petition under Sec. 482 of Crimial P.C. praying this Court to quash the order dated 17/11/2015 on the ground that allowing of the application filed under Sec. 323 of Crimial P.C. is erroneous and the trial Court did not apply its mind and also there is an inordinate delay in filing the said application also and the inclusion of the new offence which is totally incorrect and contrary to law and hence, the very order is liable to be quashed.