RAHUL Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned Counsel for the applicant and learned AGA.

(2.) This application under Section 482 Cr.P.C. has been filed with the prayer to quash the impugned order dated 12.2.2019 passed by Special Judge(SC/ST Act), Moradabad in Special S.T. No. 112 of 2017 ( arising out of Case Crime No. 93 of 2017) under Sections 323,325, 504 IPC and Section 3(1)(x) of SC/ST Act, police Station Rajabpur, district, Amroha, whereby non bailable warrant has been issued against the applicant together with the prayer to pass appropriate orders on the compromise filed by the complainant.

(3.) Briefly stating the facts giving rise to this application is that a First Information Report was lodged by opposite party no.2 on 23.2.2017 under Sections 323/504 IPC and Section 3(1)(x) of S.C./S.T. Act at Police Station Rajabpur district Amroha alleging there in that the father of informant namely Ganga Ram Singh who was working as Chaukidar in Asmoli Sugar Mill, Sarkada on 18.2.2017 when at about 1.00 PM, the accused-applicant Rahul came and asked parchi from his father and when his father replied that he is merely a Chaukidar and he has no concern with parchi; hearing this the accused became angry and started bearing and abused denoting caste; his father was saved from the clutches of the accused and after getting medical examination, he has lodged the report. After completion of investigation, charge sheet No.1 of 2017 under Sections 323,504 IPC and Section 3(1)(x) of S.C./S.T. Act was submitted against the applicant on 21.3.2017 upon which, learned Special Judge(SC/ST Act), Moradabad on 23.10.2017 took cognizance and trial is pending.