IN THE HIGH COURT OF KERALA AT ERNAKULAM Crl.MC.No. 1228 of 2010() 1. OMANA, W/O.MANI, AGED 47 YEARS, ... Petitioner Vs 1. STATE OF KERALA REPRESENTED BY S.I. OF ... Respondent 2. VINOD, S/O.VIJAYAN, KARIMATH HOUSE, 3. RAJESH @ MARAR RAJESH, S/O.DIVAKARAN, 4. VINOD, S/O.CHANDRAN, MATTATHIL HOUSE, For Petitioner :SMT.K.V.BHADRA KUMARI For Respondent : No Appearance The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR Dated :08/04/2010 O R D E R M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.1228 OF 2010 =========================== Dated this the 8th day of April,2010 ORDER
The petitioner the de facto complainant
filed a petition before Judicial First Class
Magistrate’s Court-I, Ernakulam to commit the
case to the Sessions Court contending that in
addition to the offences charged against the
accused offences under section 3(1)(xi) of
Scheduled Caste and Scheduled Tribe (Prevention
of Atrocities) Act is attracted. By Annexure
VI order, learned Magistrate dismissed the
petition. This petition is filed under section
482 of Code of Criminal Procedure to quash
Annexure VI order.
2. Learned counsel appearing for the
petitioner was heard.
3. The argument of the learned counsel is
that petitioner and the witnesses were examined
Crl.M.C.1228/2010 2
and their evidence shows that an offence under
sections 3(1)(xi) of Scheduled Caste and Scheduled
Tribe (Prevention of Atrocities) Act is attracted
and therefore learned Magistrate is bound to commit
the case. Annexure VI order shows that the learned
Magistrate on the evidence adduced did not find
that an offence under sections 3(1)(xi) of
Scheduled Caste and Scheduled Tribe (Prevention of
Atrocities) Act) is attracted. Learned Magistrate
dismissed the petition holding that “at this stage
it is not possible to arrive at a conclusion
whether the accused had committed the offence under
section 3(1)(xi) of Scheduled Castes and Scheduled
Tribe (Prevention of Atrocities) Act. The petition
was dismissed only as premature. Petitioner is
entitled to move an application on adducing
further evidence, if there are sufficient material
to show that an offence under section 3(1)(xi) of
Scheduled Caste and Scheduled Tribe (Prevention of
Atrocities) Act is attracted. If an offence under
section 3(1)(xi) of Scheduled Castes and Scheduled
Crl.M.C.1228/2010 3
Tribe (Prevention of Atrocities) Act is attracted,
learned Magistrate is bound to commit the case to
the Sessions Court.
Petition is disposed.
M.SASIDHARAN NAMBIAR
JUDGE
tpl/-
M.SASIDHARAN NAMBIAR, J.
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W.P.(C).NO. /06
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JUDGMENT
SEPTEMBER,2006