CHARITRA Vs. STATE OF U P AND ANOTHER

JUDGEMENT

(1.) The present application u/s 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings arising out of charge sheet dated 20.5.2014, case crime no. 389 of 2014 (State of U.P. Vs. Charitra @ Abishek Pratap Singh) under Sections 323, 504, 506 I.P.C. & Section 3(1) (X) S.C./S.T. (Prevention of Atrocities Act 1989) (hereinafter shall be denoted as "S.C./S.T. Act"), P.S. Kailiya, District Jalaun, pending in the Court of Chief Judicial Magistrate, Jalaun at Orai. Further prayer has been made to stay further proceedings of the aforesaid case.

(2.) Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.

(3.) Submission of the learned counsel for the applicant is that cognizance taken in the present matter is illegal. Proceeding against the applicant cannot go on. Offence under Section 3(1) (X) S.C./S.T. Act is not made out in the present matter. The Court concerned did not consider this fact and illegally proceeded with the trial against the applicant for the offence under Section 3(1) (X) S.C./S.T. Act. Learned counsel for the applicant at this stage has placed reliance on the decision of the Hon'ble Supreme Court in Gorige Pentaiah Vs. State of A.P. And others, 2009 64 AllCriC 430 and argued that it is mandatory for the complainant to allege the caste of the accused person in the First Information Report itself. In absence of such averment trial under the Special Act for the offence under Section 3(1) (X) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is illegal.