NISHA V. NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) Annexure A16 order dtd. 18/11/2024 in Crl.M.P.No.2196/2022 on the files of the Special Judge for the trial of offences under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, as amended in 2018 (hereinafter referred to as 'SC/ST (PoA) Act, 2018' for short) cases, Nedumangad, is put under challenge by filing this criminal appeal under Sec. 14A of the SC/ST (PoA) Act, 2018. The sole accused in the above case is the appellant.

(2.) Heard the learned counsel for the appellant and the learned counsel appearing for the 3rd respondent. Also heard the learned Public Prosecutor.

(3.) Even though many grounds are urged in the appeal memorandum to unsustain the order impugned, at the time of argument, the learned counsel for the appellant canvassed the insufficiency of the order passed without any reasons for taking cognizance against the appellant, on finding that the appellant committed offences punishable under Ss. 3(1)(r) and 3(1)(s) of the SC/ST(PoA) Act, 2018. It is argued further that the impugned order was passed taking cognizance even without discussing or taking a decision on the final report filed in the form of 'Further Action Dropped' (FAD). Therefore, the order would require interference.