MANOJ TOLIA @ MUNNA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE applicants were summoned to face the trial for the offences punishable under Sections 147, 323, 504, 506, 341 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).

(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 is made out against the applicants, even on bare reading of the First Information Report. The said contention of learned counsel for the applicants finds support from the contents of the FIR. On a bare perusal of the first information report, the elements of Section 3 (1) (10) of the SC/ST Act are not, prima facie, satisfied.

(3.) HON 'ble Supreme Court in Amit Kapoor vs. Ramesh Chander and another, 2013 1 SCC(Cri) 986, has laid down some important principles in respect of exercise of jurisdiction under Section 482 Cr.P.C. Some of those principles which have bearing on the merits of this case, are as follows: