RAJBIR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard.

(2.) By means of this petition moved under section 482 of Code of Criminal Procedure 1973(for short Cr.P.C.) the petitioners have sought quashing of the proceedings of criminal case No. 805 of 2009, State v. Nitin Pal & another relating to offences punishable under section 323, 477 and 506, I.P.C., and one punishable under section 3(1)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, pending in the court of Judicial Magistrate, Haridwar.

(3.) Learned counsel for the petitioners submitted that the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, is not attracted to the present case as the petitioners themselves are members of Dhangar Community (a class scheduled in the Presidential Constitution Order, 1950). With the supplementary affidavit copy of the family register has been filed showing petitioners Nitin Pal and Rajbir as members of Dhangar Community.