JUDGMENT

Markandey Katju, J.

Leave granted.

2. This appeal has been filed against the impugned judgment & order dated 22.01.2007 passed by the High Court of Delhi in Criminal Revision Petition Nos. 285-287 of 2006

3. Heard learned counsel for the parties and perused the record.

4. Appellant No. 1 Swaran Singh is the husband of appellant No. 2, Smt. Simran Kaur and father of appellant No. 3, Ms. Tarjeet. They reside on the first floor of the premises M-39, Greater Kailash-II, New Delhi. The ground floor of the said premises was occupied by one Shri Umesh Gupta, a businessman.

5. It appears that an FIR at Police Station C.R. Park, New Delhi was filed against the appellants by one Vinod Nagar. The FIR read as follows :

"To

SHO

P.S. Chittaranjan Park

New Delhi.

Sub: Complaint against Smt. Simran Kaur and her daughter resident of M-39, Ist floor, G.K.-II, New Delhi

Sir,

I, Vinod Nagar S/o Sh. Ram Singh Nagar R/o A-113, Dakshin Puri, New Delhi and work with Sh. Umesh Gupta at M-39, Ground Floor G.K.-II as driver since last one year. I belong to Khatik Caste. I usually stand near the Car which is parked at the gate. Smt. Simran Kaur and her daughter (whose name I do not know but I can identify her) whenever cross near by since last 15-20 days speak that I am a chuda-chamar and whenever they come I should not come in the way. It hurts my emotion and when I tried to tell this to her husband Sh. Sarwan Singh he also said that you are actually a chuda-chamar and hence they are not saying anything wrong. When I told happening to my employer Sh. Umesh Gupta and he talked to Sardar Sarwan Singh and on this Sarwan Singh misbehaved and said that he will not let we people stay there. I also came to know that Sarwan Singh has filed a Court case against my employer Sh. Umesh Gupta. I did not complain earlier because this man may stop saying these words to me. About today on 10.122004 around 8.45 a.m. in the morning when I came to duties to the house of Sh. Umesh Gupta Ji, I took the keys and started cleaning the vehicle. At that time both mother and daughter threw dirty water on me and said that chuda-chamar why did you come and Simran Kaur said that at this time when her daughter goes to office therefore by putting this water on me they were making me to take bath. I have become tense due to this act of their and I feel that I should quit this job but I belong to a poor family and job is my compulsion. Even finding another job is not so easy. When the water was thrown on me at that time guard Albis and Dhan Singh driver were also present. It is therefore requested that you should take an appropriate action against the above-mentioned persons. I shall be thankful to you.

Thanks

Vinod Nagar

s/o Sh. Ram Singh R/o A-113

Dakshin Puri

New Delhi".

6. On the basis of the said FIR investigation was done and a charge-sheet dated 14.6.2005 was filed against the appellants under section 3(1)(x) of The Scheduled Castes and The Schedules Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the Act).

7. Thereafter, by the order dated 14.3.2006 charges were framed against the appellants. Against the order of framing charges Criminal Revision Petitions Nos. 285-287 of 2006 were filed in the Delhi High Court which were dismissed by the impugned judgment. Hence, this appeal by Special Leave.

8. It may be noted that the trial has still to be held and the appellants will have an opportunity of establishing their innocence in the trial. At this stage all that the High Court can see in the petition under Section 482 Cr.P.C. or in a writ petition, is whether on a perusal of the FIR, treating the allegations to be correct, a criminal offence is prima facie made out or not or whether there is any statutory bar vide Indian Oil Corporation vs. NEPC India Ltd. (2006) 6 SCC 736 (vide para 12), State of Orissa vs. Saroj Kumar Sahoo (2005) 13 SCC 540 (vide paras 9 and 10), etc. At this stage the correctness or otherwise of the allegations in the FIR has not to