SAMPAT PUNIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has moved this revision petition aggrieved by the order dated 14.3.2014, vide which charge has been levelled against the petitioner for offence under Sec. 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and for offence under Sections 147, 332 and 353 I.P.C. and Sec. 3 of the Prevention of Damages to Public Property Act.

(2.) The main contention of the Counsel for the petitioner is that at the time when the F.I.R. was lodged, there was no allegation regarding hurling of caste-based abuses and the police initially, filed the report under Sections 143, 353 & 332 I.P.C. and under the prevention of Damages to Public Property Act. Counsel for the petitioner has drawn my attention towards the statement so recorded on that date, and thereafter, on the next date, in the statement so recorded, the only mention is about hurling caste-based abuses.

(3.) Counsel for the petitioner has placed reliance on Gurbaksh Singh & Ors. Vs. State of Uttar Pradesh & Anr. application under Sec. 482 Crimial P.C. No. 7637/2015 dated 27.4.2015 , wherein the Court has quashed the order of taking cognizance under Sec. 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act on the ground that the complainant has not mentioned that he was a member of SC/ST and Knowingly, the accused hurled caste-based abuses.