DIPENDRA SINGH NEGI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) A first information report dated 18.02.2015 was lodged against the writ petitioners registered as Case Crime No. 22 of 2015, for the offences punishable under Sections 452, 352, 504, 506 of IPC and Section 3 (1) (X) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Aggrieved against the same, present criminal writ petition has been filed by the writ petitioners.

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

(3.) LEARNED counsel for the petitioners 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 petitioners, in the sense that informant nowhere said that the accused themselves were not a member of SC/ST and they 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.