K.M. MUKUNDAN Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONERS are accused nos. 1 and 2 in Crime No.707/2013 of Kannapuram Police Station, which has been registered under sections 143, 147, 323, 341 and 354 r/w 149 of IPC and sections 3(1)(x) and (xi) of SC/ST (Prevention of Atrocities) Act.

(2.) THE allegation against them is that they, along with co -accused, formed themselves into an unlawful assembly and assaulted the 1st informant and the members of her family, outraged her modesty and called her caste name. The prayer in this Criminal M.C. is to quash the proceedings on the ground that the allegations do not constitute an offence under section 3(1)(x) and (xi) of SC/ST (Prevention of Atrocities) Act and section 354 of IPC and it is an abuse of the process of the Court.

(3.) IN the F.I. Statement there is specific allegation that the petitioners called the 1st informant her caste name. The other allegations constitute commission of other offences under the IPC. Even, if it is assumed that the facts do not attract the provisions of the SC/ST (Prevention of Atrocities) Act or section 354 IPC, it cannot be denied that they attract some other offences like 323 etc. So, this is not a case where no offence is disclosed in the F.I. Statement. The proceedings cannot be quashed.