CHOTHY M.P. Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is a member of Scheduled Cast community. Alleging atrocity against the petitioner's family, he filed complaint Nos. CMP 295/2013, 3108/2013, 2894/2013 and 336/2014 before the learned Judicial First Class Magistrate, Perumbavoor under the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The Central Government framed and notified the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995, provides for free legal aid to the victims of atrocities with the assistance of an eminent Senior Advocate for conducting cases in Special Courts.

(2.) The District Magistrate has to take a decision in the matter or the Sub Divisional Magistrate. Petitioner approached the District Magistrate. The District Magistrate forwarded the same to the District Officer of Scheduled Caste Development Department, the third respondent herein. The third respondent by Ext. P5 rejected the same stating that the request of the petitioner can only be acceded based on the permission of the Court. Petitioner challenging Ext. P5 has approached this Court.

(3.) Learned Special Government Pleader submits that this matter has reached only committal stage and not committed to the Special Court. It is only a private complaint initiated by the petitioner. It is only after investigation and final report is received, it will be committed to the Special Court and appropriate decision will be taken when matter reaches the Special Court after committal proceedings.