The accused in Crime No.98 of 2014 of Pozhiyoor Police Station registered for the offences punishable under Sections 447, 323, 324, 354 and 506(1) the Indian Penal Code and Sections 3(1) (x) and 3(1)(xi) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Act'), has come up to get Annexure-A F.I.R., so far as it relates to the offences punishable under Section 354 of the Indian Penal Code and Sections 3(1)(x) and 3(1)(xi) of the Act, quashed. 2. Heard the learned counsel for the petitioner and the learned Public Prosecutor. The learned Public Prosecutor produced the report of the Investigating Officer, which states that the investigation has revealed the offence under Section 451 of the Crl.M.C.5504 of 2014 2 Indian Penal Code instead of Section 447 of the Indian Penal Code, and therefore an offence under Section 451 has already been incorporated. Further, it has been reported that the offence under Sections 3(1)(x) of the Act has been deleted. It has been reported that the matter is under investigation with regard to the offences punishable under Sections 451, 323, 324, 354 and 506(1) of the Indian Penal Code and 3(1)(xi) of the Act.
3. According to the learned counsel for the petitioner, there are no sufficient ingredients to invite an offence under Section 3(1) (xi) of the Act. The allegation against the petitioner is that on 14.2.2014, the petitioner out of previous enmity, trespassed into the house of the de-facto complainant and called him out. When he came out of the house to the court yard, the petitioner caught hold of him on his shirt and slapped on his left cheek and by taking the handle of a spade beat on his right hand and right shoulder. On seeing it, his mother's younger sister Usha Kumari and his Crl.M.C.5504 of 2014 3 grandmother Yaslin intervened. It is alleged that he repeatedly slapped Usha Kumari on her left shoulder and pushed down the grandmother. It seems that materials are there to invite an offence under Section 3(1)(xi) of the Act. The legality or otherwise of the application of the said provision can come to light, only through thorough investigation. There are no grounds to interfere with the investigation at present. There is nothing to show that Annexure A F.I.R. can be quashed.
In the result, this Crl.M.C. is dismissed.
Sd/-
B.KEMAL PASHA, JUDGE dl // TRUE COPY // PA to Judge