HARIYA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The applicants, by means of present application under Section 482 Cr.P.C., seek to quash the charge-sheet no. 147/13, cognizance order dated 25.11.2013 as well as the entire proceedings of Criminal Case No. 4910 of 2013, titled as State vs. Vijendra and others, under Sections 147, 148, 149, 504 and 427 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), pending before the 2nd Judicial Magistrate, Roorkee, District Haridwar.

(2.) Informant/respondent no. 2 lodged a first information report on 30.08.2013 at PS Bhagwanpur, Sub District Roorkee, District Haridwar, against six named accused persons (applicants herein) for the offences punishable under Sections 147, 148, 149, 380, 504 and 427 of IPC and Section 3 (1) (X) of the SC & ST Act. After the investigation, a charge-sheet was submitted against the applicants for the offences punishable under Sections 147, 148, 149, 504 and 427 of IPC and Section 3 (1) (X) of the SC & ST Act. Cognizance was taken on the charge-sheet and the accused-applicants were summoned to face the trial. Aggrieved against the same, present application under Section 482 Cr.P.C. was filed by the applicant.

(3.) According to the first information report, on 06.07.2013, at 08:00 am, some people belonging to higher caste broke open the main gate of the house of the applicant and committed house trespass. On being informed to him by his neighbours, the informant reached the place of incident only to find that the applicants broke open the walls and rooftop of the house of the informant. They used abusive language, made casteist remarks and tried to assault him with sticks and other armaments. The accused persons locked the house of the informant. They have also taken away computer, printer and photostat machine from his shop.