KOMALA KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The prayer in the petition on hand is to quash all further proceedings in S.C. No. 300/2012 pending on the files of Court of Sessions, Thiruvananthapuram.

(2.) S.C. No. 300/2012 is a prosecution initiated on the basis of a final report laid by the Deputy Superintendent of Police, Neyyattinkara alleging commission of offences punishable under Ss. 323, 294(b) and 506(i) of Indian Penal Code (for short 'IPC') and Sec. 3(1)(xi) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the SC/ST (PA) Act). The sole accused chargesheeted for the offences is the petitioner and he has approached this Court in the petition on hand with the prayer aforesaid.

(3.) Crime No. 290/2010 of Poovar Police Station was originally registered for the offences punishable under Ss. 420, 456, 506(ii), 323 and 294(b) r/w Sec. 34 IPC against several persons including the petitioner on the basis of a private complaint filed before Judicial First Class Magistrate Court II, Neyyattinkara and forwarded to Poovar Police under Sec. 156(3) Cr.P.C. After concluding investigation in the FIR, a final report was laid before the Judicial First Class Magistrate Court II, Neyyattinkara chargesheeting the petitioner alone for offences punishable under Ss. 323, 294(b), 506(i) IPC and Sec. 3(i)(xi) of SC/ST (PA) Act. The case was committed to Court of Sessions, Thiruvananthapuram by C.P. No. 84/2011 and that Court took the case on file as S.C. No. 300/2012.