HIGH COURT OF CHHATTISGARH AT BILASPUR CRIMINAL M.P. No. 458/2009 PETITIONER Tikaram Slo Dulan’ Yadav, aged about 4O years, R/o Village Khapri, Polica Station Baloda Bazar, Chowki Karhi Mskri, Disrict Raipur (C.G.). VERSUS RESONDENTS 11 Manharan S/o Jageshwar Gond, aged about 38 years, R/o Village Khapri, Police Station Baloda Bazar, Chowki Karhi Mekri, District Raipur (C.G.). 2] State of Chhattisgarh, Through Police Station Baloda Bazar, Chowki Karhi Mekri, District Raipur (C.G.). PETITON UNDER SECTION 482 OF CRIMINAL PROCEDURE CODE. (SB :Hon’ble Mt. T.P.Sharma, J.) Present: Shri P.K. Patel, Advocate for the petitioner. Shri Sanjeev Kumar Agrawal, P‘L. for the State/respondent NO. 2. ORAL- ORDER (Passed on 02/09/2009) This petition is filed under section 482 of the Code of Criminal Procedure, 1973 against the order taking cognizance by the Judicial Magistrate First Class, Balodabazar dated 1/7/2009 in criminal case NO. 351/2009 where by learned Judicial Magistrate First Class has taken cognizance against the petitioner for the offence punishable under Sections 294, 323, of the Indian Penal Code and Section 3 (1) (XII) of Schedule Castes 81s Schedule Tribes (Prevention of Atrocities) Act, 1989. Order taking cognizance is challenged on the ground that Without any prima facie evidence present petitioner has sexually exploited some woman the court below has taken cognizance for the offence punishable under Section 3 (1) (XII) of Schedule Castes 81; Schedule Tribes (Prevention of Atrocities) Act, 1989. Copy of order impugned, copy of compliant and copy of the statement of the Witnesses perused. 4. At the out set, consels for the petitioner and respondent/State frankly admitted that court below has taken cognizance for the offence punishable under Section 3 (1) (XII) of Schedule Castes at Schedule Tribes (Prevention of Atrocities) Act, 1989 Withou an prima facie - material of exploitation of Woman belonging o the member of Schedule Caste and Schedule tribe, the aforesaid terial collected on half o the complainant reveals that complainant Who not Woman has been is insulted in a public View by the petitner, patently rder taking cgnizance unishable under Section 8 (1) (XII) of Schedule Cast & Schedue Tribes (Prevention of Atrocities) Act, 1989 as illegal and is liable to be quashed and it is hereby quashed. Court below is at liberty to take cognizance for the offence punishable under Section 3 (l) (X) of Schedule Castes 85 Schedule Tribes (Prevention of Atrocities) Act, 1989. . Copy of the order be sent to the trial Court. r dl- . shar ~ Judge f7 u t y t ma be f io o o p es l 5 S "' \ 11p ma t \_ .{ x when q