GANGADHARAN Vs. SUMATHI

JUDGEMENT

(1.) Petitioner is the accused in Crime No. 205/2012 of Peramangalam Police Station, registered for the offence punishable under Section 3(1)(xiv) of the Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act 1989, for short S.C & ST (PA) Act. That crime was registered on a complaint by the second respondent, a member of a Schedule Caste, alleging that the petitioner had blocked a Panchayath road which has been enjoyed by her as of right. Annexure AII is the copy of her complaint on which the crime was registered. Even a cursory reading of that complaint would indicate that no offence under Section 3(1)(xiv) of the S.C & ST (PA) Act is made out as the essential ingredients to constitute such offence are not borne out by the allegations set out in that complaint, is the case of the petitioner for quashing Annexure AI F.I.R. registered over the crime. Section 3(1)(xiv) of the aforesaid Act reads thus: