DHARAMPAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE applicants were summoned to face the trial for the offences punishable under Sections 323, 324, 504 and 506 of IPC and Section 3(1)(X) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (herein after referred to as the SC/ST Act). Final Report was submitted after the investigation. A protest petition was filed by the complainant and thereafter, the applicants were summoned to face the trial for the said offences. Aggrieved against the same, present application under Section 482 Cr.P.C. was filed by the applicants.

(2.) LEARNED counsel for the applicants confined his prayer only to the extent that no offence under Section 3(1) (X) of the SC/ST act was made out against the applicants, even on bare reading of the contents of the first information report.

(3.) ON perusal of documents on record, foundation of offences under Sections 323, 324, 504 and 506 of IPC of IPC is laid against the applicant. No prima facie case under the Section 3(1)(X) of SC/ST Act is made out against them (applicants), in view of Gorige Pentaiah's case (supra), wherein, in paragraph no. 6, it was observed by Hon'ble Apex Court as under: