Hon'ble Pramod Kumar Srivastava, J.

Heard learned counsel for the applicant, learned AGA and perused the records.

In complaint case no. 172 of 2014 (Sudhir Vs. Sabir Ali and others), prosecution case in brief was that applicant and five other persons had trespassed the house of complainant Sudhir Kumar (present OP No.-2) and used force to get signature of complainant and his brother on certain blank documents. On the basis of statement under sections 200 and 202 Cr.P.C., summoning order dated 10.1.2014 was passed against applicant and other co-accused persons.

From perusal of complaint and statement of complainant under section 200 Cr.P.C., it appears that, if prosecution case is taken to be true in its entirety, in that case also the alleged overt acts were committed by applicant and other co-accused because of property dispute and not because of the fact that complainant is a member of scheduled caste or scheduled tribe community.

Apart from it, offence under section 3(1)(x) SC/ST Act is made out only when it is committed "in any place within public view", but in present matter, according to complaint and statement of witnesses, the alleged incident had occurred within