BACHAN SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE applicants, by means of present application under Section 482 Cr.P.C., seek to quash the summoning order dated 07.09.2010, passed by leraned Judicial Magistrate Pauri Garhwal, in Criminal Case No. 781 of 2010, Chama Ram vs. Harish Rawat and another, under Sections 323, 504, 506 IPC and Section 3 (1) (X) of The Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (herein after referred to as the SC/ST Act) and also to quash the entire proceeding of the said Criminal Case.

(2.) INFORMANT /respondent no. 2 lodged a first information report in PS Rikhnikhal, District Pauri Garhwal on 26.09.2009 regarding an incident, which allegedly occurred prior to 31.07.2009, against seven accused persons including the applicants for the offences punishable under Sections 323, 504, 506 IPC and Section 3 (1) (X) of the SC/ST Act. After the investigation, a Final Report was submitted by the Investigating Officer. Upon filing the protest petition, a Criminal Complaint case was filed by the respondent no. 2 against eight accused persons including the applicants for the offences punishable under Sections 323, 504, 506 IPC and Section 3 (1) (X) of the SC/ST Act. Statement of the complainant under Section 200 Cr.P.C. was recorded. Statements of Surendra Singh and Buddhi Singh were also recorded under Section 202 Cr.P.C. On the basis of aforesaid statements, present applicants were summoned to face the trial for the offences punishable under Sections 323, 504, 506 IPC and Section 3 (1) (X) of the SC/ST Act vide order dated 07.09.2010 passed by learned Judicial Magistrate, Pauri Garhwal. The applicants have challenged the aforesaid order on the ground that no offence under Section 3 (1) (X) of the SC/ST Act is made out against the applicants.

(3.) IN criminal case no. 45 of 2010 Surendra Singh vs. Harish and others, statement of present respondent no. 2 was taken. In such statement, which narrated the incident of 29th July, 2009 (same incident), he did not say anything regarding the offence punishable under Section 3(1) (X) of the S.C./S.T. Act. Chama Ram/respondent no. 2 although alleged allegations under Sections 323, 504 and 506 IPC against the accused persons (present applicants). Surender Singh was allegedly beaten. The other witnesses of Surendra Singh also did not allege anything in respect of offence under SC/ST Act. Probably, Surendra Singh did not belong to SC /ST community.