AAJAM (MINOR) Vs. STATE OF UTTARAKHAND AND OTHERS

JUDGEMENT

(1.) By means of present writ petition, the petitioner prays for the following reliefs, among others:

(2.) Learned counsel for the petitioner submitted that no offence under Section 3 (1) (X) of the SC/ST Act is made out against the petitioner, even on bare reading of the contents of the first information report. Learned counsel for the petitioners further 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 petitioners, in the sense that informant nowhere said that the accused himself was not members 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.

(3.) Heard learned counsel for the petitioner, learned counsel for the State, perused the documents brought on record and considered the grounds taken up in the writ petition.