FAIZAL Vs. STATE OF KERALA

JUDGEMENT

(1.) The challenge in this Original Petition is to the order dtd. 17/11/2023 in C.M.P.No.4516/2023 in S.T.No.977/2022 on the file of the Judicial First Class Magistrate Court I, Alathur.

(2.) Petitioner No.2 is the defacto complainant in S.T. No.977/2022 (which arose from Crime No.399/2022 of Alathur Police Station) on the file of the Judicial First Class Magistrate Court, Alathur. Petitioner No.1, who is her son, is the accused in S.C.No.945/2022 (which arose from Crime No.212/2022 of Alathur Police Station) on the file of the Special Court for SC/ST (Prevention of Atrocities) Act Cases, Mannarkkad. The petitioners filed an application seeking committal of S.T.No.977/2022 for facilitating trial by the Special Court for SC/ST (Prevention of Atrocities) Act Cases, Mannarkkad, where S.C. No.945/2022 is pending on the ground that the two cases are 'cross cases'.

(3.) The incident which led to the registration of Crime No.212/2022 of Alathur Police Station allegedly occurred on 13/2/2022 between 21 hrs and 22 hrs at the residence of the defacto complainant therein at Thonikkadavu. Petitioner No.1 and the other accused are alleged to have committed the offences punishable under Ss. 447, 341 and 323 r/w Sec. 34 of the IPC and Sec. 3(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.