The State of Karnataka vs N.R. Azeesh @ Aziskumar and Others

Dr. K. Bhakthavatsala, J.—The petitioner/State is before this Court u/s 397 of Cr.P.C., challenging the Order dated 13.08.2012 made in Special Case (Atro). No. 5/2011 on the file of Special Judge, Kodagu at Madikeri. Learned High Court Govt. Pleader submits that though there is a specific averment in the complaint that the accused insulted and intimidated taking caste name, it constitutes an offence u/s 3(1)(X) Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short ''the Act''), but the Court below erred in holding that there was no ground to frame charge against the accused for the offence u/s 3(1)(X) of the Act.

After hearing arguments of the learned Public Prosecutor and counsel for accused, the Court below has reached the conclusion that there was no material on record to frame charge against the accused for an offence u/s 3(1)(X) of the Act. The averment in the complaint is that the accused took the caste name of the complainant. It is not sufficient to hold that the accused have committed offence u/s 3(1)(X) of the Act. In my view, there is no illegality or infirmity in the impugned order. In the result, the Revision Petition fails and the same is hereby rejected.