SUBASH Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the 2nd accused in C.P No.10/2015 on the file of the Judicial First Class Magistrate Court II, Neyyattinkara. The above case is taken on file by the learned Magistrate for the offences under Sections 294(b), 323, 324 r/w Section 34 IPC and Section 3(1)(x) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short 'the SC/ST Act').

(2.) The prosecution case is that on 11.11.2014 at 11.15 am, the accused in furtherance of common intention attacked the informant with stick and called the caste name of the informant and thereby the accused committed the offences alleged. The incident in this case was happened on 11.11.2014. Annexure I FIR is registered alleging the offences punishable under Sections 323 and 324 r/w 34 IPC. Subsequently, after investigation the final report is filed in which the offences under Sections 294(b), 323 and 324 r/w 34 IPC and Section 3(1)(x) of the SC/ST Act are also alleged. This Crl.M.C is filed to quash the entire proceedings in C.P No.10/2015 pending before the committal court.

(3.) Heard the learned counsel for the petitioner, the counsel for the 2nd respondent and the learned Public Prosecutor.