MD.SARFUDDIN NUT Vs. STATE

JUDGEMENT

(1.) THIS is an application under Section 482 of the Code of Criminal Procedure for quashing (he entire criminal proceedings of DaltonganJ (Town) P.S. Case No. 359/1999 (G.R. No. 1166 of 1999). whereby and whereunder the learned Chief Judicial Magistrate, Daltonganj took cognizance by order dated 29.3.2001 for the offences under Sections 447, 323, 324/34. IPC and also under Section 3/4 of the S.C. and ST. (Prevention of Attrocities) Act.

(2.) THE learned Counsel for the petitioners confined his argument at this stage as regards to the offences under Section 3/4 of the S.C. S S.T. (Prevention of Attrocities) Act and it is submitted that he does not press this application as regards to the cognizance taken for the offence under Sections 447. 323, 324/34, IPC and his grievance is only in respect of the Section 3/4 of the SC and ST (Prevention of Attrocities) Act on the ground that both Sections are not applicable against the petitioners, who are themselves belonged to the Scheduled Caste community and to this effect, the caste certificate has also been filed.

(3.) SECTION 4 of the said Act is apparently in respect of public servant, but the petitioners are also admittedly not the public servants, moreover, they are being the Scheduled Castes community and as such Section 4 of the Act is also not applicable against the petitioners.