SAMEER ALAVI Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are accused, against whom crime No.64/2007 of Kuttippuram police station has been registered for offences punishable interalia under Section 3(1)(X) of the Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act and Section 324 read with 149 I.P.C. The crime was registered on 12/03/2007. Investigation is in progress. The petitioners have rushed to this court with this petition to invoke the powers under Section 482 Cr.P.C and quash the said F.I.R registered against them.

(2.) Admittedly, an incident has taken place at or near a public road regarding which, allegations and counter allegations are raised by the rival contestants and a crime and a counter crime have been registered by the police. Investigation is in progress in both the crimes. The petitioners pray that the extraordinary inherent jurisdiction available to this court under Section 482 Cr.P.C may be invoked to quash the proceedings. The jurisdiction which is sought to be invoked is an extraordinary inherent jurisdiction. The same cannot be invoked as a matter of course. Compelling reasons must be shown to exist to justify resort to such extraordinary powers.

(3.) What are the reasons? The learned counsel for the petitioner urges two reasons. First of all, it is pointed out that some of the accused persons are members of the scheduled caste/Scheduled Tribe and in these circumstances Section 3 can have no application to such accused. Secondly, it is pointed out that the incident which taken place cannot be said to have taken place in public view. These are the two contentions urged.