ANKIT MITTAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE applicants, by means of present application under Section 482 Cr.P.C., seek to quash the summoning order dated 14.09.2011 passed by the Civil Judge (S.D.)/Judicial Magistrate, Roorkee, District Haridwar in Criminal Complaint Case No. 2304 of 2011, captioned as Amar Nath vs. Ankit and others, under Sections 452, 323, 504 and 506 of IPC and Section 3 (1) (X) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and the order dated 22.07.2013 passed by Sessions Judge, Haridwar in Criminal Revision No. 183 of 2013. 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 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.