Court No. - 77

Case :- APPLICATION U/S 482 No. - 3715 of

2021

Applicant :- Dharm Singh And Another

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Shubham

Counsel for Opposite Party :- G.A.

Hon'ble Pankaj Bhatia,J.

Supplementary affidavit filed today is taken on

record.

Heard counsel for the applicants, learned AGA

and perused the record.

Counsel for the applicant argues that from a plain

reading of the FIR as well as evidences referred

to in the chargehseet, no case can be said to be

made out under Section 3 (1) r and under Section

3 (2) (va) of the SC/ST Act. He places reliance

on the judgment of the Supreme Court in the case

of Hitesh Verma Vs. State of Uttrakhand and

another, AIR 2020 SC 5584 as well as Khuman

Singh Vs. State of Madhya Pradesh, AIR 2019

SC 4030.

I have perused the FIR as well as statements filed

today along with supplementary affidavit.

There is no averment to the effect that any caste

related words were uttered against the informant

or there was any utterance of specific caste

names in public view. On the contrary,

submissions are that the incident took place at the

home of informant. Further more, there is

nothing on record even to suggest that such

incident occurred or caused by applicant knowing

that the Opposite Party No. 2 was of a particular

caste and therefore, the said incident had taken

place.

In view of the above and also in the light of the

judgments passed in the case of Hitesh Verma

(supra) as well as Khuman Singh (supra), the

summoning order of the applicants under

Sections 3 (1) r and 3 (2) (va) is set aside. The

applicants shall now face trial for the offences

under Sections 323, 504, 506 and 427 of the IPC

only.

The application is disposed off relying on the

same and in terms recorded above.

The submission of the counsel for the applicants

with regard to other offences under Sections 323,

504, 506 and 427 of the IPC, no case is made out

for quashing. His request for appearance for

discharge, which is specific, is rejected.

Order Date :- 25.3.2021

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