SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of present application under Sec. 482 Crimial P.C., the applicant seeks to quash the charge sheet dated 27.06.2016 and the cognizance order dated 12.08.2016 passed by Special Judge, SC/ST Act/3rd Additional Sessions Judge, Haridwar, in connection with Special Sessions Trial No.07/2016, under Sections 323, 452, 506 of Penal Code and 3(1)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, relating to Police Station Kankhal, District Haridwar.

(2.) Learned counsel for applicants confined his prayer only to the extent that no offence under Sec. 3(1)(X) of SC/ST Act is made out against the applicants, even on bare reading of the contents of the first information report. He further submits that the applicants are ready to face trial under Indian Penal Code.

(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)(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 themselves were not members of SC/ST community 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.