RAM LAL PASI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This criminal application, preferred u/s 482 of the Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed for quashing the orders dated 6.5.2006 and 11.7.2007 passed by Ist Civil Judge (J.D.)/JM Dehradun and Addl. District Judge II/Addl. Sessions Judge, Dehradun respectively and also to transfer the proceedings of Crl. Case No.578/2004 U/s 323/504/506 IPC from the court of JM Dehradun to the court of Sessions Judge/Special Judge, Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 [hereinafter to be referred as the SC/ST Act], Dehradun.

(2.) Heard learned counsel for the parties and perused the material on record.

(3.) In nutshell, the prosecution case is that petitioner lodged a complaint against the respondents 2 and 3 that on 13.1.2003 at about 10:15 PM those respondents came along with 4-5 others boys in the house of complainant being armed with Tamanchas, where they uttered caste indicated words to him and dragged him out from the room, and started abusing him and when the wife of complainant resisted, the respondents and their accomplices went away threatening the complainant to his life. On this complaint, the statement of complainant u/s 200 Cr.P.C. and statement of Purnima, wife of complainant, was recorded u/s 202 Cr.P.C. and after perusing the entire facts and circumstances of the case, learned CJM Dehradun vide order dated 17.6.2003 summoned the petitioners u/s 323/504/506 IPC. On 9.11.2005, J.M./First Addl. Civil Judge (J.D.) Dehradun framed charges against the respondents 2 and 3 u/s 323/504/506 IPC. On 29.3.2006 the petitioner moved an application before the court below that since the offence u/s 3(1)(x) of the SC/ST Act is also made out against the respondents/accused, as such the case may be committed to the court of Sessions. The said application was rejected by the J.M./Ist Addl. Civil Judge (J.D.) Dehradun on 6.5.2006. Against the said order, the petitioner preferred a revision which came to be dismissed vide judgment and order dated 11.7.2007 passed by the Addl. Sessions Judge Second, Dehradun. Hence this petition.