NAGARAJ RAMA KALE Vs. STATE OF GOA

JUDGEMENT

(1.) The Complainant in Special Case No.02/2015(SC/ST) (Maina Curtorim Police Station Crime No.119/2013) and also a complainant in Crime No.13/2016, which have invoked the provisions of the Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act, 1989 (for short, 'The Act of 1989'), has approached this Court seeking issuance of writ of mandamus against the District Magistrate, South Goa District for not appointing the Advocate of his choice for representing him in the proceedings.

(2.) The Petition having been admitted on 3/9/2018, at the request of the Petitioner, the Division Bench of this Court directed that the proceedings pending before the Special Judge, South Goa, Margao, shall stand stayed.

(3.) We have heard Mr Nagraj Kale, the Petitioner in person and the learned Advocate General representing the State. The Petitioner preferred a complaint at the Police Station, Maina Curtorim on 14/8/2013, against the accused, alleging that since 2008 to 5/8/2014, the accused, the next door neighbour of the complainant, not being member of Scheduled Caste, dumped excreta, waste matter at the entrance/door of the complainant and also on his vehicle parked in front of the building. The complaint was accompanied with the videos in the form of CD, as the alleged offences were recorded through a mobile device. It was alleged that this Act of the accused caused nuisance to the complainant, a member of Scheduled Caste.