ABDUL TANVEER KHAN Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS petition has been filed under section 397 read with section 401 of CrPG being aggrieved with the order of framing charge under section 3 (1)(x) of SC, ST (Prevention of Atrocities) Act, vide order dated 12.9.2014 in Special S.T. No.57/2012 by the Special Judge, Ratlam.

(2.) THE brief facts are that the complainant has lodged a complaint alleging that on 19.9.2012 at about 9:00 p.m. he was passing in front of house of Forest Ranger Tanveer Khan, then Tanveer Khan came out and after stopping the complainant gave beating and also said 'Tu Bhilda Jyada Samazdar Hai ''. On raising cries Sumit Kishore, Vijay and Makkubai rushed towards the spot and freed the complainant. The report was lodged. After due investigation charge sheet has been filed. The learned trial Court has framed the charges under sections 341,323,506 Part II of IPC and under section 3(1)(x) of SC, ST (Prevention of Atrocities) Act. Being aggrieved this revision petition has been filed.

(3.) IT is submitted by learned counsel that learned trial Court has committed illegality in framing the charge under section 3(1)(x) of SC, ST (Prevention of Atrocities) Act. There is no prima facie material against the applicant for commission of the aforesaid act. Mere calling the complainant by his caste does not constitute an offence punishable under section 3(1)(x) of SC, ST (Prevention of Atrocities) Act. Hence prayed for quashing of the charge under section 3(1)(x) of SC ST (Prevention of Atrocities) Act.