RAJENDRA SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE applicant was summoned to face the trial for the offences punishable under Sections 452, 323, 174A of IPC and Section 3 (1) (X) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 vide order dated 01.06.2013, passed by the Civil Judge (S.D.)/Judicial Magistrate, Kashipur, District Udham Singh Nagar, in a Criminal Case No. 264 of 2013, captioned as State vs. Vipin Kumar and others. Aggrieved against the same, present application under Section 482 Cr.P.C. has been filed by the applicant.

(2.) LEARNED counsel for the applicant 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 applicant, even on bare reading of the contents of the first information report.

(3.) LEARNED counsel for the applicant 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 are prima facie made out against the applicant, in the sense that informant nowhere said that the accused himself was not a member of SC/ST and he used those words intentionally in order to humiliate him (victim) in a place within the public view knowing it that he (victim) belonged to a community of Scheduled Castes or Scheduled Tribes, as was held by the Hon'ble Supreme Court in Gorige Pentaiah vs. State of Andhra Pradesh and others, 2008 12 SCC 531. On perusal of documents on record, foundation of offences under Sections 452, 323, 174A 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 him (applicant), in view of Gorige Pentaiah's case , wherein, in paragraph no. 6, it was observed by Hon'ble Apex Court as under: