GANGAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the petitioner's counsel and the learned HCGP for the respondent.

(2.) The petitioner by invoking the Articles 226 and 227 of Constitution of India read with Sec. 482 of Crimial P.C. prayed this Court to issue a writ in the nature of mandamus by issuing appropriate directions to respondent No.2 to submit additional charge sheet in respect of offences punishable under Sec. 3(10) (11) of the Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989 (for short, 'SC and ST Act, 1989') and Sections 66 and 66(D) of the Information Technology Act, 2000 in C.C.No.112/2014 pending on the file of the Court of Civil Judge and JMFC, Shiggaon. The petitioner also sought an order of writ in the nature of mandamus by issuing appropriate directions to the Court of Civil Judge and JMFC, Shiggaon in C.C.No.112/2014 to take cognizance of the offences punishable under Sec. 3(10) (11) of SC and ST Act, 1989 and pass such other order as deems fit in the circumstances of the case.

(3.) The petitioner in this petition has contended that the Investigating Officer has registered Crime No.111/2013 based on the complaint given by the complainant and thereafter the matter has been investigated and while filing the charge sheet the Investigating Officer has left out the provisions of Sec. 3(10) (11) of SC and ST Act, 1989 and Sections 66 and 66(D) of the Information Technology Act, 2000. Being aggrieved by the non-filing of the charge sheet for the said offences under the SC and ST Act, 1989 has filed this petition contending that the Court below has taken cognizance only for the offences punishable under Sections 507, 509, 354-A of IPC. In this petition it is contended that the impugned charge sheet dated 21.06.2013 not including the offences under Sec. 3(10) (11) of SC and ST Act, 1989 and the impugned order dated 10.03.2014 taking cognizance only for those offences is illegal and unsustainable.