SUMIT PANDEY Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The applicants, by means of present application under Section 482 Cr.P.C., seek to quash the charge-sheet dated 17.02.2016; cognizance order dated 15.01.2017 as well as the entire proceedings of Special Sessions Trial No. 04 of 2017, State vs. Lovely and others, for the offences punishable under Sections 147, 323, 504 & 506 IPC and Section 3 (i) (R) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989, pending before the 3rd Additional Sessions Judge/Special Judge (SC/ST) Act,Haridwar.

(2.) Learned counsel for the applicants confined his prayer only to the extent that no offence under Section 3 (i) (R) of the SC/ST 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 Section 3 (i) (R) 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 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.