IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL CRIMINAL APPLICATION NO.376 OF 2005 (U/s 482 Of Cr.P.C.) Laxman Singh & others …………Applicants Versus State of Uttaranchal & another …………Respondents Dated: July 29, 2010 Sri Rajendra Kotiyal, Adv. for the applicants Sri Amit Bhatt, Addl. GA for the State/respondent no.1 Sri Atul Bahuguna, Adv. for respondent no.2 HON. DHARAM VEER, J. This criminal application, preferred u/s 482 of the Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed for quashing the proceedings of Crl. Case No.202/205, State Vs. Laxman Singh & others, pending before C.J.M., Pauri Garhwal, U/s 147/323/504/506 IPC and one punishable under Section 3(1)(x) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 [hereinafter to be referred as the SC/ST Act]. Heard learned counsel for the parties and perused the material on record. In nutshell, the prosecution case is that on 14.3.2005 at about 8 PM, when the complainant/ respondent no.2-Ram Lal was going towards his house from Pauri, the petitioners, who were having previous enmity with him, caught hold of him and beaten him with fists. However, he was somehow escaped because of the intervention of the five other ladies of his village and after that the accused went away. It is also stated that the petitioners also uttered caste indicated words to him and that he would not be let alive in future. Thereafter the matter was investigated and after completing the investigation, the charge sheet was filed against the petitioners, on the basis of which learned CJM Pauri vide order dated 20.4.2005 took cognizance and summoned the petitioners u/s 147/323/504/506 IPC and 3(1)(x) of the Act. Hence this petition assailing the entire proceedings. 2 A counter affidavit has also been filed on behalf of respondent no.2 denying the averments made in the application. Learned counsel for the petitioner argued that the provisions of the SC/ST Act are not attracted in this case as in the entire FIR, it was nowhere mentioned that the petitioners were not the members of Scheduled Caste or a Scheduled Tribe and they intentionally insulted or intimated with intent to humiliate the respondent no.2 within public view, hence the offence punishable under the SC/ST Act is not made out. I find force in this argument put forth on behalf of the petitioners. On a bare perusal of the FIR itself, there is no mention whatsoever that the petitioners were not the members of Scheduled Caste or a Scheduled Tribe community and they intentionally insulted or intimated with intent to humiliate respondent no.2 within public view. It is settled law that when the basic ingredients of the offence are missing in the complaint, then permitting such a complaint to continue and to compel the petitioner to face the criminal trial under the SC/ST Act would be totally unjustified leading to abuse of process of law. Reliance is placed upon a Hon’ble Supreme Court verdict in the case of “Gorige Pentaiah Vs. State of Andhra Pradesh & others reported in (2009) 1 SCC (Cri.) 446”. Paragraph 6 of the said judgment is reproduced as below: - “In the instant case, the allegation of Respondent 3 in the entire complaint is that on 27.05.2004, the appellant abused them with the name of their caste. According to the basic ingredients of Section 3 (1)(x) of the Act, the complainant ought to have alleged that the appellant- accused was not a member of the Scheduled Caste or a Scheduled Tribe and he (Respondent 3) was intentionally insulted or intimidated by the accused with intent to humiliate in a place within public view. In the entire complaint, nowhere it is mentioned that the appellant-accused was not a member of the Scheduled Caste or a Scheduled Tribe and he intentionally insulted or intimidated with intent to humiliate Respondent 3 in a place within public view. When the basic ingredients of the offence are missing in the complaint, then permitting such a complaint to continue and to compel the appellant to face the rigmarole of the criminal trial would be totally unjustified leading to abuse of process of law” Perusal of the FIR lodged by the respondent no.2 shows that the complainant has nowhere alleged that the petitioners are not the member of the Scheduled Caste of Scheduled Tribe community and they 3 intentionally insulted or intimated with intent to humiliate the respondent no.2 within public view. As such, the Court is of the view that as against the petitioner, since the ingredients of the offence punishable u/s 3(1)(x) of the Act are not made out, as such the criminal trial with respect to the said offence is liable to be quashed. So far as the rest of the offences are concerned, it transpires that the same involves absolutely disputed questions of fact which cannot be decided at this stage by this Court. The trial court will decide the case after recording the evidence of the complainant as well as of the accused and also on the basis of the appreciation of the evidence as per law. It is well settled that while exercising jurisdiction under section 482 of the Cr.P.C., this Court would not ordinarily embark upon the enquiry as to whether the evidence in question is reliable or not or whether on a reasonable appreciation of it accusation would not be sustained. That is the function of the trial court. If the allegations made in the complaint are taken at their face value and accepted in their entirety, I am of the view that the petitioners have rightly been summoned by the trial court to face trial u/s 147/323/504/506 IPC as the said offences are prima facie made out against the petitioners at this stage. However, the trial court will decide the case after recording the evidence adduced before it. For the reasons recorded above, the C482 petition is partly allowed with the observation that the proceedings against the petitioner under Section 3(1)(x) of the SC/ST Act are quashed. However, so far as the rest of the offences are concerned, the trial court shall proceed as per law. Interim order dated 16.06.2005 is vacated. (Dharam Veer, J.) July 29, 2010 Rdang