SAJID Vs. BABLI

JUDGEMENT

(1.) The applicant, by means of present application under Section 482 Cr.P.C., seeks to quash the charge-sheet; cognizance order dated 18.07.2017 as well as the entire proceedings of Criminal Complaint Case No. 14 of 2017, Smt. Babli vs. Sajid, for the offences punishable under Sections 323, 504 & 506 IPC and Section 3 (X) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989, pending before the learned Sessions Judge, Haridwar.

(2.) Learned counsel for the applicant confined his prayer only to the extent that no offence under Section 3 (X) of the SC/ST Act is made out against the applicant, even on bare reading of the complaint.

(3.) Learned counsel for the applicant submitted that even if the contents of the complaint be conceded to be true, no ingredients of Section 3 (X) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act are prima facie made out against the applicant, in the sense that complainant nowhere said that the accused himself was not member of SC/ST community 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.