SUBHASH Vs. STATE OF UTTARAKHAND AND ANTHER

JUDGEMENT

(1.) The applicant, by means of present application under Section 482 Cr.P.C., seek to quash the charge-sheet dated 30.06.2017; cognizance order dated 04.08.2017 as well as the entire proceedings of Sessions Trial No. 10 of 2017, State vs. Subhash, 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 Sessions Judge/Special Judge (SC/ST) Act, Dehradun.

(2.) Learned counsel for the applicant 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 first information report.

(3.) Learned counsel for the applicant 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 applicant, in the sense that informant nowhere said that the accused himself was not a member of SC/ST and he used those words intentionally in order to humiliate her (victim) in a place within the public view knowing it that she (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.