MOHD KATAR @ KHALIL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE applicants were summoned to face the trial for the offences punishable under Sections 147, 148, 149, 323, 363 of IPC and Section 3 (1) (X) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 vide order dated 17.01.2015 passed by the 1st Additional Civil Judge/Judicial Magistrate (J.D.), Roorkee, District Haridwar, in Criminal Case No. 04 of 2015 captioned as State vs. Salim and others. Aggrieved against the same, present application under Section 482 Cr.P.C. has been filed by the applicants.

(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 contents of the first information report.

(3.) LEARNED counsel for the applicants 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 applicants, 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.