PRAKASH KUMAR @ HANI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) A chargesheet was filed against the applicants for the offences punishable under Sections 323, 452, 504, 506 IPC and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Heard learned counsel for the parties and perused the documents brought on record, including the FIR.

(2.) ALTHOUGH , by means of present application under Section 482 of Cr.P.C., the applicants seek to set aside and quash the chargesheet submitted against them, but learned counsel for the applicants has confined his prayer only to the extent that relief may be given to the applicants in view of judgment rendered by Hon'ble Apex Court in Gorige Pentaiah vs State of Andhra Pradesh and others, 2008 12 SCC 531. Learned counsel for the applicants admit that the applicants will have to face the trial in connection with offences punishable under the Indian Penal Code.

(3.) LEARNED counsel for the applicants submitted that even if the contents of the FIR be conceded to be true, no ingredients of Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act were prima facie made out against the applicants, in the sense that informant nowhere said that the accused persons used those words intentionally in order to humiliate him knowing it that he belonged to a community of Scheduled Caste or Scheduled Tribe, as was held by the Hon'ble Supreme Court in Gorige Pentaiah vs State of Andhra Pradesh and others, 2008 12 SCC 531.