SANTHOSH KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal has been filed at the instance of the sole accused in S.C. No. 807/2025 pending before the files of the Special Court under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act [hereinafter referred as 'SC/ST (POA) Act' for short], 1989, Kottarakara challenging order in Crl.M.P. No. 1/2026 dtd. 21/2/2026.

(2.) Heard the learned counsel for the appellant/accused and the learned Public Prosecutor. Even though notice served upon the second respondent through the Station House Officer, she did not appear.

(3.) It is argued by the learned counsel for the appellant/accused that, in this matter, the ingredients for the offences punishable under Sec. 506 of the Indian Penal Code [hereinafter referred as 'IPC', for short], as well as under Ss. 3(1)(s), 3(1)(w)(i) and 3(2)(va) of the SC/ST (POA) Act, are not made out prima facie and, in such circumstances, the police, after investigation, filed a refer report. However, when a protest complaint vide, Crl.M.P.No.9/2025 had been filed before the Special Judge, the court, on perusal of the prosecution records, including the statements of the witnesses recorded, found prima facie that offences under Sec. 506 of the IPC, as well as under Ss. 3(1)(s), 3(1)(w)(i) and 3(2)(va) of the SC/ST (PoA) Act, were made out and accordingly, cognizance for the said offences were taken.