HARENDRA SINGH AND SIX OTHERS Vs. GAJJAN SINGH

JUDGEMENT

(1.) The applicants, by means of present application under Section 482 Cr.P.C., seek to quash the summoning order dated 27.08.2012, order dated 06.10.2012 as well as the entire proceedings of Criminal Complaint Case No. 183 of 2012, Gajjan Singh vs. Harendra Singh & others, for the offences punishable under Sections 323, 504, 506 IPC and Section 3 (1) (X) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989, pending before the Additional Judicial Magistrate, Khatima, District Udham Singh Nagar.

(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 complainant.

(3.) Learned counsel for the applicants submitted that even if the contents of the complaint 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 complainant nowhere said that the accused themselves were not members 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.