GIREESH KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners in the above two Crl.M.C.s are the accused in Crime No.231 of 2011 of Vanchiyoor Police Station, Thiruvananthapuram registered for the offence under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act {for short "the Act"}. Crl.M.C.No.1365 of 2011 is filed by the 2nd and 3rd accused (A2 and A3) and Crl.M.C.No.1517 of 2011, by the 1st and 4th accused (A1 and A4) in the aforesaid crime, and both petitions are moved under Section 482 of the Code of Criminal Procedure {for short "the Code"}, for quashing the criminal proceedings against them.

(2.) Annexure 3 is the FIR registered in the crime. The aforesaid crime was registered on a complaint given by additional 2nd respondent/de facto complainant to the Commissioner of Police, Thiruvananthapuram. Annexure 1 is, in fact, a communication sent to the above police officer through post. The de facto complainant, a member of the Scheduled Caste, retired from service as the Head of the Department, Inspector General (Registration) Department, on superannuation on 31.03.2011. Two days later on 02.04.2011 the office of the Inspector General (Registration) and premises was sprinkled with cow dung water, to remove the impurities caused by the de facto complainant, a member of the Scheduled Caste, previously, holding the post of Inspector General, and, the above incident though brought to the notice of the new incumbent, the Head of Department, who has taken charge of that office, no action has been taken, was the grievance raised in the communication sent to the Senior Police Officer. With the endorsement of the recipient, Commissioner of Police, to register a case on the basis of Annexure 1 for the offence under Section 3(1)(x) of the Act, with Annexure 2 communication, it was sent over to the Sub Inspector of Police, Vanchiyoor Police Station. On receipt of the above communication with the original of Annexure 1, crime under Annexure 3 was registered for the offence under Section 3(1)(x) of the Act. In the investigation of the crime, the accused persons were identified and arrested and, later, they have been enlarged on bail. Investigation disclosing that offences under Section 3(1)(ii) of the Act and Section 451 of the Indian Penal Code too had been committed by the accused, Annexure 4 report was filed before the Magistrate informing that investigation is being continued incorporating such offences as well in the crime.

(3.) In both the above Crl.M.C.s, the de facto complainant has been subsequently impleaded as additional 2nd respondent. He has filed separate counter affidavit with some annexures in both petitions and is represented by different counsel in the respective petition.