HITESH VERMA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Instant petition under Section 482 of the Code of Criminal Procedure, 1973 has been preferred for quashing the charge- sheet as well as the summoning order dated 25.06.2020, passed in Special Sessions Trial No. 18 of 2020, State vs. Hitesh Verma by the Court of learned Sessions Judge, Pithoragarh (for short "the case"). By the impugned summoning order, the petitioner has been summoned under Sections 504 and 506 IPC and Section 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short "the Act").

(2.) The case is based on FIR lodged on 11.12.2019 by respondent no.2, under Section 3 (1) (x) of the Act and Sections 452, 504 and 506 IPC. According to it, on 10.12.2019 morning, at 9:00 petitioners and others entered into the premises of the informant, abused her with caste coloured remarks and threatened her to life. After investigation, charge sheet under Sections 504, 506 IPC and Section 3 (1) (x) of the Act has been submitted against the petitioner. Based on it, proceedings of the case were instituted and on 25.06.2020 the petitioner has been summoned. It is the impugned order.

(3.) Learned counsel for the petitioner would argue that in the instant case, FIR was lodged against various persons, but I.O. did not find involvement of other persons, except the petitioner; it is the informant herself, who had occupied the land belonging to the petitioner; it is the case of misuse of provisions of the Act. Reference has been made to the law as laid down in the case of Gorige Pentaiah Vs. State of Andhra Pradesh and others (2009) 1 SCC (Cri) 446 to argue that in the FIR, the averments have not been made to attract the provisions of the Act.