SIVARAJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition is filed under Sec. 482 of the Code of Criminal Procedure ("the Code" for brevity) with a prayer to quash the proceedings pending against the petitioner.

(2.) The petitioner is the accused in S.C. No.376 of 2017 on the file of the Principal Sessions Court [Special Court under Schedule Castes and Schedule Tribes (Prevention of Atrocities Act)], Thrissur, alleging offence punishable under Sec. 3(1)(f) of the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989.

(3.) The prosecution allegation is that the accused, a person belonging to Ezhava community, after having obtained possession of a shoproom allotted to the husband of CW1, refused to vacate the same. As CW1 is a member of the scheduled caste, a Crime was registered and prosecution proceedings were initiated under Act 33 of 1989.