IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
WEDNESDAY, THE 4TH DAY OF MAY 2022 / 14TH VAISAKHA, 1944
WA NO. 502 OF 2022
AGAINST THE JUDGMENT IN WP(Crl.) 111/2022 OF HIGH COURT OF KERALA
APPELLANT/PETITIONER IN THE WRIT PETITION:
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BY ADV A.K.PREETHA
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
2 DEPUTY SUPERINTENDENT OF POLICE,
OFFICE OF DEPUTY SUPERINTENDENT OF POLICE, PEERMADE ,
IDUKKI 685531.
3 STATION HOUSE OFFICER, VANDIPERIYAR POLICE STATION,
VANDIPERIYAR -685533.
4 ARJUN, AGED 23 YEARS, S/O SUNDAR, HAVING PERMANENT
ADDRESS AT CHURAKKULAM ESTATE LANES, VANDIPERIYAR P.O.,
PEERMADE, IDUKKI DISTRICT
SR.GP-JUSTIN JACOB
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 04.05.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA NO. 502 OF 2022
2
JUDGMENT
Devan Ramachandran, J.
The question in focus in this case is essentially whether the fourth respondent belongs to any of the communities enumerated as Scheduled Castes and Scheduled Tribes.
2. This issue assumes importance in this case because the appellant/petitioner, who is the father of the victim alleged to have been sexually assaulted and murdered by the fourth respondent, asserts that the afore said respondent does not belong to any of the Scheduled Caste or Scheduled Tribe communities and therefore, that the charges under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 also ought to have been incorporated against him.
3. The petitioner thus moved this Court and a learned Single Judge dismissed the writ petition holding, based on the various materials reflected in the impugned judgment, that he belongs to a Scheduled Caste or Scheduled Tribe community and therefore, that the request for amendment of the charges are not tenable.
4. We do not propose to speak on the merits of any of WA NO. 502 OF 2022 3 the dialectical contentions of the parties because we are of the view that, rather than this Court having adjudicated or concluded upon the community status of the fourth respondent, it ought to have been left to the learned Sessions Judge, before whom the matter is now pending.
5. The record reveals, as is also reflected in the judgment, that the Investigating Officer appears to have made an enquiry into the community status of the fourth respondent, to conclude that he belongs to one of the Scheduled Caste or Scheduled Tribe communities.
6. We are, however, of the firm view that this opinion of the officer would not be binding upon the Trial Court and that it is for the learned Sessions Judge to take an appropriate and apposite decision on this matter, if and when the appellant/petitioner makes a request for such purpose, under the provisions of the Code of Criminal Procedure.
7. In order to pave way for such an opportunity being available to the appellant/petitioner herein, we deem it appropriate to vacate all the observations in the judgment impugned before us; not because we have found against it conclusively, but so as to ensure that the processes under the Cr.P.C are implicitly followed.
WA NO. 502 OF 2022 4
8. Resultantly, we allow this writ appeal, vacating all the observations of this Court and leaving liberty to the appellant/petitioner to move the learned Sessions Judge appropriately, if he is so interested; in which event, the said Court will consider the application, after following due procedure and after hearing both sides, thus deciding whether any amendment to the charges are necessary.
9. We hasten to add that we have not, in any manner, decided that the amendment of the charges are necessary or otherwise, and that it is left to be decided by the learned Sessions Judge, as and when the afore exercise is initiated.
We also make it clear that our judgment may not be construed by anyone to mean that the trial scheduled on 09.05.2022 is to be deferred or adjourned and that the learned Sessions Judge will act as per law, taking note of our observations above.
Sd/- DEVAN RAMACHANDRAN JUDGE Sd/- P.G. AJITHKUMAR JUDGE stu WA NO. 502 OF 2022 5 APPENDIX OF WA 502/2022 PETITIONER ANNEXURES Annexure 1 TRUE COPY OF THE REPORT FILED BY THE TAHSILDAR, PEERMADE TO THE KERALA STATE SCHEDULED CASTE SCHEDULED TRIBE COMMISSION DATED 24/02/2022