IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 27TH MAY 2010 / 6TH JYAISHTA 1932 Crl.MC.No. 1505 of 2010() -------------------------------------- (CRIME NO.562/09 OF PONNANI POLICE STATION) PETITIONER(S): ACCUSED 1 & 2: ------------------------------------------------- 1. K.M.MUHAMMED SHEREEF, S/O.T.B.KUNHIMAYIN HAJI, AGED 44 YEARS, PATHOOR HOUSE, THEKKIL POST, KASARAGOD. 2. SHAMSEER K.P., S/O.AHAMMED ALI, AGED 29 YEARS, KAYYAKKODAL HOUSE, POST PUTHIGAL, KASARAGOD. BY ADVS. SRI.K.M.JAMALUDHEEN, SMT.LATHA PRABHAKARAN. RESPONDENT(S): COMPLAINANT/STATE: -------------------------------------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. C.S.HRITWIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V.RAMKUMAR, J. ------------------------------------- Crl.M.C. No.1505 of 2010 -------------------------------------- Dated this the 27th day of May, 2010 ORDER In this petition filed under Section 482 of the Code of Criminal Procedure, petitioners who are accused Nos.1 and 2 in Crime No.562/2009 of Ponnani Police Station, for offences punishable under Sections 341, 323, 324, 506(ii), 294(b), read with 34 IPC and Section 3(1) (x) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act 1984, seek to quash Annexure B, FIR, so far as it relates to the incorporation of the offence punishable under Section 3(1) (x) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act 1984. According to the petitioner, going by the averments in Annexure A complaint, the alleged offence was committed inside the house of the first accused and not within public view and Section 3(1) (x) of the Act is therefore not attracted. Petitioners rely on the decision of the Apex court in Swaran Singh & others v. State through Standing Counsel & another [2008 (8) SCC 435] and Surendran v.Ramachandran [2004 (2) KLT 263]. Crl.M.C. No.1505 of 2010 : 2 : 2. The learned Public Prosecutor on instructions submitted that Section 3(1) (x) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act has been deleted and instead of Section 3 (1) (i) of the said Act has been substituted. If so, the petitioners cannot have any more grievance with regard to the incorporation of Section 3(1) (x) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act. Recording the submission of the learned Public Prosecutor, this Criminal M.C is disposed of as above. V.RAMKUMAR, JUDGE dmb