SHARMA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The applicants, by means of present application under Sec. 482 Crimial P.C., seek to quash the proceeding of the Criminal Case No. 17 of 2011 State Vs. Umesh Sharma & Ors. U/S 506 I.P.C and Sec. 3(1) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act pending in the Court of Special Judicial Magistrate, C.B.I., Dehradun.

(2.) After arguing the application under Sec. 482 Crimial P.C. at some length, learned counsel for the applicants confined his prayer only to the extent that no offence under Sec. 3(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) 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 Sec. 3(1) 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 themselves were not the 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 Honourable Supreme Court in Gorige Pentaiah Vs. State of Andhra Pradesh and others, (2008) 12 SCC 531.