LT. COLONEL VIRU PAKSHAIAH Vs. KHAYALI RAM ARYA
LAWS(UTN)-2013-11-10
HIGH COURT OF UTTARAKHAND
Decided on November 12,2013

Lt. Colonel Viru Pakshaiah Appellant
VERSUS
Khayali Ram Arya and Anr. Respondents

JUDGEMENT

Umesh Chandra Dhyani, J. - (1.) THE applicant, by means of present application/petition under Section 482 of Cr.P.C., seeks to quash the entire proceedings of criminal case No. 64 of 2009, Khayali Ram vs Viru Pakshaiah, under Sections 323, 504, 506 of IPC and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, as also the summoning order dated 05.02.2010, pending before the court of Judicial Magistrate, Ranikhet.
(2.) COMPLAINANT (respondent No. 1 herein) filed a criminal complaint case against the accused (applicant herein) in the court of Judicial Magistrate, Ranikhet. After recording the statements under Sections 200 and 202 of Cr.P.C. and having found a prima facie case against the accused -applicant, he was summoned to face the trial for the offences punishable under Sections 323, 504, 506 of IPC and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Aggrieved against the said order dated 05.02.2010, passed by learned Judicial Magistrate, Ranikhet, present application under Section 482 of Cr.P.C. was filed. No counter affidavit was filed either on behalf of private respondent or on behalf of the State, despite having granted them opportunities to do so. The averments contained in the affidavit of the applicant, therefore, remained uncontroverted.
(3.) AS per the compliant, the complainant was working as Class IV employee in A.S.C. Supply Depot, Ranikhet. The accused (applicant herein) was Officer Commanding of said Depot. Whereas the complainant belonged to the Scheduled Caste community, accused -applicant was not a member of Scheduled Caste or Scheduled Tribe community. Allegedly, on 25.10.2008, at 12:45 A.M., the complainant was deputed in the Main Post in the Supply Depot. Accused came there in civil uniform, hurled abuses at the complainant and slapped him on his face. Accused also assaulted the complainant with kicks and fists. Accused also used casteist remarks and threatened the complainant with dire consequences. Balwant Singh and Durga Dutt Paliwal witnessed the incident. The complainant got his injuries examined at civil hospital, Ranikhet. He also sent the application to Superintendent of Police, Almora, but since the police did not take any action, therefore, he was compelled to file the criminal complaint case. On a perusal of the contents of the complaint, a prima facie case was made out against the accused -applicant.;


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