AJI RAJ C.A. Vs. STATE OF KERALA

JUDGEMENT

(1.) This is a petition filed under Section 482 Cr.P.C for quashing the proceedings against the petitioner in the case S.C.No.71/2019 on the file of the Special Court for SC/ST (POA) Act Cases, Kottarakkara.

(2.) The petitioner is the sole accused in the aforesaid case. The offences alleged against him are punishable under Sections 341, 294(b) and 506(i) I.P.C and Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the Act').

(3.) The prosecution case is as follows: The petitioner/accused and the second respondent/de facto complainant were employees of the company by name 'LIVIDUS'. The de facto complainant is a member of a scheduled caste. The accused is not a member of a scheduled caste. On 25.05.2018, at about 19.00 hours, in the hall in the building in which the office of the aforesaid company was functioning, the accused used obscene words to the annoyance of the de facto complainant and insulted and abused him by calling him by his caste name and also caught hold of the collar of the shirt of the de facto complainant and pushed him and threatened him that he would kill him. It is alleged that the accused had entertained enmity towards the de facto complainant for the reason that the de facto complainant had given prior information to the Managing Director of the company regarding the decision taken by the accused to conduct a strike in the company.