ANKIT SAINI Vs. STATE OF UTTARAKHAND & ANOTHER

JUDGEMENT

(1.) The applicant, by means of present application under Section 482 Cr.P.C., seeks to quash the cognizance / summoning order dated 22.02.2016 and entire proceedings of criminal case no. 127 of 2016, under Sections 323, 504, 427 IPC and Section 3(1)(X) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989, relating to police station Bhadrabad, District Haridwar, pending in the court of Judicial Magistrate, Haridwar.

(2.) Learned counsel for applicant confined his prayer only to the extent that no offence under Section 3 (1) (X) of 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 community 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.