IN THE HIGH COURT OF UTTARKHAND AT NAINITAL C-482 No. 720 of 2006 Satweer & another. ………..Applicants. Versus State of Uttaranchal and another. …..Respondents. Present: Mr. Navneet Kaushik, Advocate for the applicants. Mr. Nandan Arya, AGA for the State of Uttarakhand/respondent no. 1. Date of Decision : 16 .9.2010 Hon’ble Sudhanshu Dhulia, J (Oral) 1. Heard Mr. Navneet Kaushik, Advocate for the applicants and Mr. Nandan Arya, AGA for the State of Uttarakhand/respondent no. 1. 2. This application under Section 482 of Cr.P.C. has been filed by the applicants challenging the charge sheet and the subsequent summoning order dated 12.6.2006 passed by the Chief Judicial Magistrate, Haridwar in Case No. 2574 of 2006 State Vs. Satyaveer and others under Section 429, 506 I.P.C. and 3 (1)(x) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (from hereinafter referred to as the Act). 3. The matter pertains to the year 2006. No satisfactory explanation has come before this Court by either of the parties as to the stage of the trial. 4. Section 3 (1) (x) of the Act reads as follows: “3. Punishable for offences of atrocities—(1) Whoever, not being a member or a Scheduled Caste or a Scheduled Tribe,-- (x) intentionally insults or intimidates with intent to humiliate a member or a Scheduled Caste or a Scheduled Tribe in any place within public view;” 5. Perused the F.I.R. and the charge sheet. There is no averment in the FIR of the nature, which should bring the alleged action on the part of the applicants under an offence punishable under Section 3(1) (x) of the Act. The allegation in the FIR are merely that the complainant is a Scheduled Caste and the accused persons being of higher caste torture the complainant and there was a threatening of death by the applicants to the complainant. Even if the averments of the applicants are taken on the face value, they do not make out any offence under Section 3 (1) (x) 2 of the Act, as it has already been stated above. Hence, proceedings initiated against the present applicants under Section 3 (1) (x) of the Act only are hereby set aside. Regarding offences under Section 429/506 of I.P.C., criminal proceedings against the present applicants shall go on. 6. The instant C-482 application is accordingly partly allowed. No order as to costs. 7. The Registry is directed to send a copy of this order to the Court concerned for necessary compliance. (Sudhanshu Dhulia, J) 16.9.2010 Rathour