MANOJ Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE applicant, by means of present application under Section 482 Cr.P.C., seeks to quash the summoning order dated 06.08.2007, passed by the Chief Judicial Magistrate, Haridwar, in Criminal Complaint Case No. 1688 of 2007, captioned as Rajendra vs. Subhash, under Sections 447, 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 29.11.2014 passed by 1st Additional Sessions Judge, Haridwar in Criminal Revision No. 268 of 2007. 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.