KRISHNA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri K.P. Shukla, learned Counsel for the appli cants and the learned A.G.A. for the State of U.P.

(2.) THIS application has been filed by the applicants Sri Krishna, Satish Chandra, Anshu, Pandit Parshu with a prayer to quash the charge-sheet No. 2 of 2009 dated 21.1.2009 in case crime No. 340 of 2008 un der sections 323, 504 and 506 and section 3(1)(x) of SC/ST Act P.S. Rampura District Jalaun.

(3.) THE next case cited by the appli cant is Gorige Pentaiah v. State of A.P. and others, JT 2008 (9) SC 543 and emphasis has been given in para 8 which reads as under : "In the instant case, the allegation of respondent No. 3 in the entire complaint is that on 27.5.2004, the appellant abused them with the name of their caste. According to the basic ingredients of section 3(1)(x) of the Act the complaint ought to have alleged that the ac cused-appellant was not a member of the Scheduled Caste or a Sched uled Tribe and he (respondent No. 3) was intentionally insulted or in timated by the accused with intent to humiliate in a place within a public view in the entire complaint, nowhere it is mentioned that the accused-appellant was not a mem ber of the Scheduled Caste or a Scheduled Tribe and he inten tionally insulted or intimidated with intent to humiliate respondent No. 3 in a place within public view. When the basic ingredients of the offence are missing in the com plaint, then permitting such a complaint to continue and to com pel the appellant to face the rigma role of the criminal trial would be totally unjustified leading to abuse of process of law."