Petition is filed under Section 438 Cr.P.C. 2. Petitioners are accused Nos. 1, 3 and 4 in Crime No.1607/13 of Puthoor Police Station, Kollam District registered for the offences under Sections 341, 294(b), 323, 326 and Section 3(1) (x) of the Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act, 1989.
3. The defacto complainant is a member of Scheduled Caste/Scheduled Tribe. There is a civil dispute between them over a right of way. It is alleged by the prosecution that the petitioners along with the other accused uttered obscene words, wrongfully restrained the defacto complainant and assaulted him with dangerous weapons and humiliated him by calling his caste name at a public place.
4. Heard learned counsel for the petitioners and the defacto complainant as well as the learned Public Prosecutor.
5. There is no dispute that the allegations in the F.I. Statement B.A. No.2905 of 2014 -:2:-
attract the offences mentioned above. Section 18 of the Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act prohibits invoking the jurisdiction of the Court under Section 438 Cr.P.C. In view of this bar, it is not at all possible to grant the prayer of the petitioners.
In the result, this application is dismissed.
K. ABRAHAM MATHEW, JUDGE ttb