Hon’ble Het Singh Yadav, J.—This Criminal Revision under Section 397/401 Cr.P.C. has been preferred against order dated 21.4.2010 passed by learned Additional Chief Judicial Magistrate, Court No. 7, Ghaziabad in Case Crime No. 422/1998 of Police Station Sahibabad, District Ghaziabad under Sections 323, 452, 504 and 506 I.P.C., allowing application of the complainant purported to be under Section 323 Cr.P.C. and thereby committing the case to the Court of Special Judge, under the Schedule Castes and the Schedule Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to ‘the SC/ST Act’).

2. The factual matrix of the case is that on 24.4.1998 at about 18.30 O’clock, there was a clash between the complainant’s side and the revisionist’s side over an issue of throwing debris of complainant’s house on the public lane. It is said to be a case of free-fight, wherein both the sides received injuries. The Police registered F.I.Rs. on the basis of cross version and after concluding investigation, the Investigating Officer submitted charge-sheet in both the cases one under Sections 323, 452, 504 and 506 I.P.C. in the case Crime No. 422/1998 registered on the basis of F.I.R. lodged by the complainant Shri Kishan Ram and second under Sections 323, 325, 308, 504 and 506 I.P.C. in the cross version Case Crime No. 422-A/1998.

3. Since, the cross-case also involved offence under Section 308 I.P.C. exclusively triable by a Court of Session, therefore, the learned Magistrate committed it to that Court as provided in Section 209 Cr.P.C. However, the case of the complainant (Non-revisionist) did not involve any offence exclusively triable by the Court of Session, was not committed.

4. PW-1 Kishan Ram on 27.4.2007 very first time during his depositions, inter alia, stated that he is a scheduled caste and in this regard he had handed over his caste certificate and school leaving certificate clearly showing his caste to the police, soon after lodging the F.I.R. The accused persons had enmity with him because he is a lower caste. The Complainant on 6.10.2009, moved application disclosing therein that the accused persons had committed offences under IPC on the basis that he is a schedule caste. Thus, they have also committed offence under the S.C./S.T.Act, triable by Special Court under the said Act. The learned Magistrate has allowed complainant’s application and passed the impugned order to commit the case to the Special Judge under SC/ST Act for trial invoking jurisdiction under Section 323 Cr.P.C. The learned Magistrate was of the view that since the complainant is a scheduled caste and “caste specific” words were uttered during the occurrence, therefore, the case is exclusively triable by the Special Court under the SC/ST Act.

Feeling aggrieved, the revisionist, who is one of the accused persons has preferred this revision.

Heard learned counsel for the revisionist, learned A.G.A. and also perused the record.

5. Learned counsel for revisionist Sri Gaurav Kakar has assailed the impugned order mainly on the ground that there is no allegation of uttering any “caste specific” words by the accused persons either in the FIR or in the statements of first informant and other prosecution witnesses recorded under Section 161 Cr.P.C. by the Investing Officer. The first informant PW-1, Kishan Ram in his Examination-In-Chief during the trial has only stated that since he is a person of lower caste, it is with this reason that the accused persons had enmity with him. He also stated that he is a scheduled caste and in this regard he had produced certificate before the Police Inspector on 1.5.1998. P.W.-1, Kishan Ram (the first informant) has not stated during his depositions that any “caste specific” word was uttered by any of the accused persons, at the time of alleged occurrence with intention to insult or intimidate or humiliate him in any manner. Thus, the observation of the learned trial Court that from the depositions of P.W.-1 Kishan R