- (1.) Heard learned counsel for the applicants and opposite party no. 2 and learned AGA for the State.
(2.) This application under section 482 Cr.P.C. was preferred for quashing the charge sheet of case No. 438 of 2014, State v. Ramesh Chand Gupta and another under section under section 323, 504 IPC and section 3(1)(x) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the SC/ST Act), police station Bansdeeh, district Ballia pending in court of ACJM, Ist, Ballia. Prosecution in brief was that the applicants-accused were raising some constructions in their house in form of projection (hhajja) which was tilting towards the court yard of the informant's courtyard, then informant's wife and son objected. This led to oral altercation. Enraged by it accused-applicants have trespassed in informan's house and caused physical injuries to informant's wife and son. After returning home informant came to know about these facts and lodged FIR on the basis of which case Crime No. 765/2013 under section 147, 452, 323, 504 IPC and Section 3(1)(x) of SC/ST Act was registered in which after investigation charge sheet for offence under section 323, 504 IPC and Section 310 SC/ST Act was submitted in court, which is under change in the present writ petition. The provision of section 3(i)(x) of SC/ST Act are as under:
(3.) Punishment for offences of atrocities. (1) Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe,- (x) intentionally insults or intimidates with intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe in any place within public view; shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to five years and with fine.;