PREM GIRI Vs. STATE OF UTTARAKHAND AND ANOTHER

JUDGEMENT

(1.) The applicant, by means of present application under Section 482 Cr.P.C., seeks to quash the charge-sheet, summoning order dated 15.05.2014 as well as the entire proceedings of Special Sessions Trial No. 27 of 2014, State vs. Prem Giri, under Sections 323 & 325 IPC and Section and Section 3 (1) (X) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989, pending before the learned Additional Sessions Judge, Haridwar.

(2.) Learned counsel for the applicant confined his prayer only to the extent that no offence under Section 3 (I) (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 (I) (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.