RAHUL DHOBI Vs. STATE OF U P

JUDGEMENT

(1.) The present application under Section 482 Cr.P.C. has been filed with a prayer for quashing the proceedings of Criminal Case No. 823 of 2012 (State v. Raj Bahadur Maurya and three others), under Sections 323, 504, 506 I.P.C. and Section 3(1)(10) of SC/ST Act, Police Station - Shahganj, District Jaunpur, pending in the Court of Addl. Chief Judicial Magistrate Ist, Jaunpur.

(2.) Perusal of the first information report transpires that the only allegation leveled by the complainant is that when the complainant was returning after cutting the grass from her field she was abused by the applicant by caste denoting words near the school of village pradhan and when she opposed the acts of applicant she is alleged to have beaten by the applicant.

(3.) Learned counsel for the applicants has submitted that offence under Section 3(1)(10) of SC/ST Act is not made out as against the applicants. Learned counsel for the applicant argued that the provisions of the SC/ST Act are not attracted in this case as it was nowhere mentioned that the applicant intentionally insulted or intimated with intent to humiliate the respondent no. 2 within public view, hence the offence punishable under the SC/ST Act is not made out. I find force in this argument put forth on behalf of the petitioners.