BABU MATHEW Vs. LIMU

JUDGEMENT

(1.) This petition under section 482 of the Code of Criminal Procedure, 1973 (herein after referred to as Cr.P.C.) has been preferred by the sole accused in C.P.No.54/2014 on the file of the Judicial 1st Class Magistrate Court-II, Thamarassery to quash the final report filed against him for having committed offences punishable under Sections 341,323,324 of the Indian Penal Code ('I.P.C. for short) and 3(1 )(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short the SC/ST Prevention of Atrocities Act). The first respondent is the complainant. The second respondent is his wife (hereinafter referred to as the 'victim').

(2.) The facts of the case in brief, as advanced by the prosecution are that on 13.6.2014 at about 10.a.m. while the de facto complainant was proceeding along with his ailing son to consult a Doctor, this petitioner/accused had wrongfully restrained him due to his enmity towards him as a result of the property dispute pending between them and assaulted him. When his wife rushed to the spot and tried to intervene to save him, the petitioner caught hold of her hair and torn off her dress with the intention to outrage her modesty. The petitioner who is not a member of Scheduled Caste or Scheduled Tribe attacked the de facto complainant and his wife with the knowledge that they are members of Scheduled Caste. Thereupon on the basis of the complaint lodged by the de facto complainant Crime No.430/2014 was registered on 13.06.2014 by the Police Thamarassery under Sections 341, 323, 324 and 354 of I.P.C.. After investigation final report was filed deleting Sec. 354 I.P.C. but incorporating Sec. 3(1 ) (xi) of the SC/ST Prevention of Atrocities Act. Aggrieved by the filing of the final report under Sec. 3(1)(xi) of the SC/ST Prevention of Atrocities Act, after deleting 354 I.P.C., the instant petition for quashing the final report has been preferred by him.

(3.) Heard Sri. T.G. Rajendran, the learned counsel for the petitioner and Smt. M.K. Pushpalatha, the learned Public Prosecutor and perused the materials on record.