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2016 Supreme(UK) 405

U.C.DHYANI
Ankit Saini – Appellant
Versus
State of Uttarakhand – Respondent


Advocates Appeared:
For the Applicant :Mr. Gaurav Singh, Advocate.
For the Respondent: Mr. Hari Om Bhakuni, A.G.A. with Ms. Mamta Joshi, Brief Holder.

JUDGMENT :

U.C. Dhyani, J.

The applicant, by means of present application under Section 482 Cr.P.C., seeks to quash the cognizance / summoning order dated 22.02.2016 and entire proceedings of criminal case no. 127 of 2016, under Sections 323, 504, 427 IPC and Section 3(1)(X) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989, relating to police station Bhadrabad, District Haridwar, pending in the court of Judicial Magistrate, Haridwar.

2. Learned counsel for applicant confined his prayer only to the extent that no offence under Section 3 (1) (X) of SC/ST Act is made out against the applicant, even on bare reading of the contents of the first information report.

3. Learned counsel for the applicant submitted that even if the contents of the FIR be conceded to be true, no ingredients of Section 3 (1)(X) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act are prima facie made out against the applicant, in the sense that informant nowhere said that the accused himself was not a member of SC/ST community and he used those words intentionally in order to humiliate him (victim) in a place within the public view knowing it that he (victim) b






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