RAHMAT ALI Vs. STATE OF UTTARANCHAL & ANOTHER

JUDGEMENT

(1.) This criminal application, preferred Under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed for quashing the charge sheet, summoning order and the entire proceedings in criminal case No. 5826/2005 (case crime No. 48 of 2005), State v. Rahmat Ali, Under Section 504/506 IPC and under Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes [Prevention of Atrocities] Act, 1989 {hereinafter to be referred as the SC/ST Act}.

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

(3.) In nutshell, the facts of the case are that the respondent No. 2-Ilam Singh lodged an FIR on 15.7.05 against the petitioner stating therein that he is a member of schedule caste. On 30.6.2005, the petitioner had taken the son of complainant, namely, Naresh and other boys i.e. Pappu, Chjootu, Chatra Pal, Mukesh and Ravindra for filling up the manure in the bags. All these boys filled up 180 bags of manure but thereafter, they felt scorching on their hands and other parts of their bodies where the said manure bags had touched. After cleaning those parts with water, it started blistering and water came out from those parts, for which they were admitted in the government hospital. On 15.7.2005, when the complainant met with the petitioner, he uttered caste indicated words and also directed them not to meet him again otherwise they would face the same consequence as his son and others have faced. Thereafter, the matter was investigated and after that charge sheet was filed on the basis of which the trial court vide order dated 28.10.2005 summoned the petitioner Under Section 504/506 IPC and 3(1)(x) of the SC/ST Act. Hence this petition.