IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 8TH JANUARY 2008 / 18TH POUSHA 1929 Crl.MC.No. 3758 of 2007(D) ------------------------- CMP.4094/2007 of JUDL.MAGISTRATE OF FIRST CLASS, PERUMBAVOOR .................... PETITIONER:COMPLAINANT: -------------------- KURUMBAN, S/O.VAYARONY, MATHARATH PARAMBIL VEEDU, WEST VENGOLA P.O., PERUMBAVOOR. BY ADV. SRI.C.RAJENDRAN SRI.ANANDAN PILLAI RESPONDENTS: ACCUSED:- ------------------------- 1. THE STATE OF KERALA REPRESENTED BY THE SUB-INSPECTOR OF POLICE, PERUMBAVOOR POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. MOLY, W/O.PRASAD, KARANJIKUDY WEST, VENGOLA P.O., PERUMBAVOOR. 3. PRASAD, H/O.MOLY, KARANJIKUDY WEST, VENGOLA P.O., PERUMBAVOOR. BY ADV. SRI. PUZHAKKARA MUHAMMED, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No. 3758 of 2007 ========================== Dated this the 8th day of January, 2008. ORDER In this petition filed under Section 482 Cr.P.C, the petitioner who is the father of the victim called Preetha belonging to the Pulaya community which is a scheduled caste, challenges the order dated 06.11.2007 passed by the Judicial First Class Magistrate, Perumbavoor refusing to entertain Annexure A3 petition filed as M.P. No. 5304/2007 and refusing to call for a report from the police on Annexure A2 complaint registered as C.M.P. No. 4094/2007 on the ground that the complaint is only re-production of the earlier complaint which led to the registration of the crime No. 868/2007 of Perumbavoor Police Station where a charge sheet was filed for an offence punishable under Section 323 IPC. 2. As per Annexure A2 private complaint filed by the petitioner, on 09.06.2007 at about 10 a.m. the complainant's daughter Preetha studying in the Plus two class while attempting to draw water from the public tap was obstructed by the 1st accused, Moly at the instigation of her husband Prasad, and was intentionally insulted with intent to humiliate Preetha knowing fully well that she is a member of the Scheduled Caste and the said Moly and her husband Prasad have CRL. M.C. NO. 3758/2007 : 2 : thereby committed offences punishable under Sections 3(i)(x),XI and XV r/w Section 341, 323 r/w 114 and 34 IPC. The material portion of the allegation in Annexure-2 complaint is as follows: CRL. M.C. NO. 3758/2007 : 3 : 3. I heard the learned counsel for the petitioner and the learned Public Prosecutor. 4. No doubt, there was an earlier complaint lodged by Preetha herself before the Perumbavoor Police Station. But the police registered an FIR for an offence punishable under Section 323 IPC and subsequently charge sheeted the accused for the said offence only and CRL. M.C. NO. 3758/2007 : 4 : no offence under the S.C.and S.T. (Prevention of Atrocities) Act, 1989 was registered in spite of sufficient allegations to that effect in the complaint. That probably prompted the petitioner to file Annexure A2 private complaint. It was on account of the omission to register a crime under Section 3(1) of S.C and S.T (Prevention of Atrocities) Act, 1989 that the petitioner preferred Annexure A2 complaint in which, prima facie, offences punishable under Section 3(i)(v) and 3(1)(x) of the Special Act were made out from the averments in the complaint. Hence the learned Magistrate was not justified in refusing to take cognizance of the offences. Annexure A4 order is set aside and the Magistrate is directed to take cognizance of the offences punishable under Sections 3(i)(v) and 3(i)(x) of the S.C.S.T (Prevention of Atrocities) Act, 1989 and proceed accordingly. This Crl.M.C. is allowed as above. V. RAMKUMAR, JUDGE. rv CRL. M.C. NO. 3758/2007 : 5 :