JUDGMENT

Hon'ble Lok Pal Singh, J.

By means of present criminal misc. application, moved under Section 482 of Cr.P.C., the applicant has sought quashing of the charge sheet dated 09.11.2016, cognizance order dated 30.01.2017 and other consequential orders passed in Special Sessions Trial no. 04 of 2017, in State vs Chandra Shekhar, under Sections 3(1)(p) and 3(1)(q) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

2. Brief facts of the case, in a nutshell, are that the complainant-second respondent lodged an FIR against the applicant, alleging therein that the complainant is a member of Scheduled Tribe community and is at present holding the posts of Secretary, Uttarakhand Scheduled Castes and Scheduled Tribes Commission and Deputy Director, Social Welfare Department. Sri Chandra Shekhar Kargeti, DM Law Associates, Mungali Garden, opposite Nirvahan Hotel, Haldwani, Nainital in connivance with some officers of the department is making false, baseless and incorrect allegations against the complainant, as he is an officer belonging to Scheduled Tribe community and are trying to implicate him in criminal cases, and posting the comments on social site ‘Facebook' portraying him as a corrupt officer in order to torture him mentally and thereby creating hindrance in discharge of his official obligations.

3. The said FIR was registered as case crime no. 102 of 2016, under Sections 66, 67 and 74 of the Information Technology Act and Section 3(1)(x) and 3(2)(ii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

4. The Investigating Officer after conducting thorough investigation, collected the documentary evidence and after completion of investigation submitted charge sheet dated 09.11.2016 against the applicant under Sections 3(1)(p) and Section 3(1)(q) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. On submission of charge sheet, learned Special Judge (SC/ST Act), Dehradun, after perusal of the documents filed by the prosecution as well as the case diary took cognizance in respect of self same offences and issued summons against the applicant vide order dated 30.01.2017.

5. The applicant has filed the aforesaid criminal misc. application under Section 482 Cr.P.C. on the ground that the complainant-second respondent, who lodged the FIR against the applicant does not belong to Scheduled Tribe community, rather he belongs to caste Brahmin. Thus, no offence is made out under the provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the applicant.

6. A counter affidavit has been filed on behalf of complainant-second respondent denying the averments of the criminal misc. application. It is specifically stated in the counter affidavit that complainant-second respondent belongs to Scheduled Tribes community. The Tehsildar, Chakrata, District Dehradun has issued caste certificate to this effect to the complainant-second respondent, which is well within the knowledge of the applicant. A true and correct copy of the caste certificate is enclosed as Annexure CA-2 with the criminal misc. application. It is further contended that the criminal misc. application has been filed on false and frivolous grounds and the same is liable to be dismissed.

7. Applicant has filed his rejoinder affidavit to controvert the averments made by the complainant-second respondent in his counter affidavit.

8. Heard learned counsel for the parties and perused the entire material available on record.

9. Earlier a co-ordinate Bench of this Court vide order dated 28.04.2017, while granting interim protection to the applicant, has passed the following order:

“Mr. C.K.Sharma, Advocate, present for the applicant.

Mr. S.S. Adhikari, Brief Holder, present for the respondent no.1.

Mr. Gopal K. Verma, Advocate, present for the respondent no.2.

By means of present application under Section 482 Cr.P.C., the applicant seeks to quash Charge-sheet dated 09.11.2016, cognizance order