HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
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(1.) The applicants, by means of present Application under Section 482 Cr.P.C., seeks to quash the summoning order dated 21.08.2010 passed by the Judicial Magistrate/4th Additional Civil Judge (J.D.), Haridwar in Criminal Case No.464 of 2010 titled as Babul Lal vs. Anil Arora & others under Sections 323, 504 & 506 IPC and Section 3(1)(x) of the Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989 and the order dated 08.07.2011 passed by Additional Sessions Judge /3rd F.T.C., Haridwar in Criminal Revision no.528/2010.
(2.) A private criminal complaint case was filed by the complainant (respondent herein) against 3 accused persons (applicants herein) in the court of Chief Judicial Magistrate, Haridwar for the offences punishable under Sections 323, 504 & 506 IPC and Section 3(1)(X) of the Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989. Statement of the complainant was recorded under Section 200 Cr.P.C.. Statements of Kanta Prasad and Angad Singh were recorded under Section 202 Cr.P.C. Having found a prima facie case against the accused persons, the Judicial Magistrate, Haridwar summoned the accused persons to face the trial, vide order dated 21.08.2010. Aggrieved against the same, accused persons preferred a criminal revision no.528/2010 before the Additional Sessions Judge, Haridwar, which was dismissed, vide order dated 08.07.2011. Aggrieved against the same, present application under Section 482 Cr.P.C. was filed by the accused-applicants.
(3.) In his complaint, the complainant (respondent herein) stated that he was a member of Scheduled Caste community. Accused persons were not the members of Scheduled Caste / Scheduled Tribe community. A land was allotted to the complainant for agricultural use by the Executive Engineer, Irrigation Department. On 16.03.2010 at 8:00 AM, the complainant was working in his field. Accused persons came to him and started making a thoroughfare forcibly. The fencing around the field was also uprooted. When the complainant refrained them from doing so, accused persons used castiest remarks, hurled abuses at him and threatened him with dire consequences. They also said that they will not permit the complainant to work in the field. Accused persons also pushed the complainant aside. Angad Singh, Kanta Prasad and others came on the spot and saw the incident. The complainant went to Police Station Jwalapur for lodging the report, but his report was not lodged. The complainant sent an application to the S.S.P., Haridwar, but no action was taken on the same. The incident took place in public view. Since there was no external injury, therefore, the complainant did not go to the medical officer for examination of his injury.;
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