SOBHANAKUMARI Vs. STATE OF KERALA

JUDGEMENT

(1.) The sole accused in S.C.No.388/2019 on the files of the Special Court, Ernakulam, as per the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, (for short SC/ST (POA) Act), arising out of Crime No.282/2015 of Ernakulam Town North Police Station, has filed this Crl.M.C. under Sec. 482 of the Code of Criminal Procedure and the prayer is as under; to quash Annexure A1 Final Charge against the petitioner in S.C.No.388/2019 pending before the Sessions Court, Ernakulam by setting aside the proceedings initiated in Annexure-A5.

(2.) Heard the learned counsel for the petitioner, the learned counsel appearing for the 3rd respondent, the defacto complainant and also the learned Public Prosecutor, representing the State of Kerala and the Assistant Commissioner of Police, Kochi City Police Station, Ernakulam. Perused the records placed by the learned counsel for the petitioner and the case diary as such produced by the learned Public Prosecutor.

(3.) In this matter, FIR was registered on 23/2/2015 alleging commission of offences punishable under Sec. 294(b) of the Indian Penal Code as well as under Sec. 3(1)(r) and (s) of SC/SC (POA) Act by the accused, pertaining to an occurrence on 17/12/2013, after one year and three months. The precise allegation is that on 17/12/2013, when the 3rd respondent, a member of Scheduled Caste Pulaya Community reached Women Police Station, Ernakulam in connection with a complaint lodged by her alleging that one Maya, the wife of Rajendran was liable to pay Rs.6.00 lakh obtained by Maya's husband Rajendran. Maya and the accused herein were also reached the Police Station in this connection. Therefore, the 3rd respondent was sent back with direction to settle the dispute through process of court. At about 12.30 hours, when the 3rd respondent, a member of Scheduled Caste Community came out, the accused, who is not a member of Scheduled Caste or Scheduled Tribe Community abused her and commented that [XXXXXXXX]. On this premise, the prosecution case is that the 3rd respondent was insulted and intimidated with intention to humiliate her within public view by calling her caste name, by the accused. Earlier Maya also was arrayed as the 2nd accused.