LOVELY@ TARAN SHARMA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The applicants, by means of present application under Sec. 482 Cr.P.C., seek to quash the charge-sheet dtd. 5/10/2016; cognizance order dtd. 15/1/2017 as well as the entire proceedings of Special Session Trial No. 04 of 2017, "State vs. Lovely and others" for the offence punishable under Ss. 147, 323, 504 and 506 of I.P.C. and under Sec. 3(i) (R) of the Scheduled Castes and 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 applicant confined his prayer only to the extent that no offence under Sec. 3 (i) (R) of the SC/ST Act is made out against the applicant, 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 F.I.R. be conceded to be true, no ingredients of Sec. (i) (R) 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 member of SC/ST 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.