Prabhat Chandra Tripathi, J. - (1.) Heard Sri Bijai Prakash Tiwari, learned counsel for the revisionists, Sri Rakesh Dubey, learned counsel for the opposite party no. 2 and learned A.G.A. for the opposite party no. 1.
(2.) The present criminal revision has been preferred by the revisionists for setting aside the order dated 31.01.2011 passed by the learned Special Judge SC/ST Act in S.T. No. 1183 of 2010-State v. Radha Krishna Tripathi and others , under Sections 323, 504 I.P.C. and 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station Bithoor, District Kanpur Nagar, whereby the learned Special Judge, SC/ST Act, Kanpur Nagar has ordered to frame charges under Sections 323, 504 I.P.C. and under Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the accused-revisionist No. 2 and under Sections 323, 504 I.P.C. against the accused-revisionist No. 1.
(3.) The brief facts of the F.I.R. in narrow compass are that the alleged incident took place on 23.4.2004 at about 4.00 P.M. (evening) and the F.I.R. was lodged on 25.8.2007 at about 9.30 A.M. (morning). The applicant Devi Sahai Kureel son of late Dallu Kureel, resident of Ramnagar, Police Station Bithoor, District Kanpur Nagar has presented a written report before the Senior Superintendent of Police, Kanpur Nagar that the applicant belonged to scheduled caste and is labourer by profession. On 23.4.2004 in the evening when he was looking-after his cultivation of vegetables, at the same time, about 8-10 persons arrived there, amongst them R.K. Tripathi son of late R.P. Tripathi, resident of G-266 Panki, Kanpur, the then J.E. Mandhana of Electricity Department and Arvind Kumar, son of Sri Bhagwandin, resident of 5/1 Bishnupuri Colony, Kanpur Nagar, the then S.D.O. Bilhaur and other 3-4 persons started ploughing the fields with the help of tractor. The applicant was sitting on a cot and he was thrown away from the cot and was given the blows by kicks and fists and his cot was broken. They also hurled abuses at him by making casteist remarks which were mentioned in the F.I.R. When the wife of the applicant rushed to rescue him then she was also beaten. On her exhortation, the persons who were working in nearby fields, came there and rescued them. He made a complaint to the police officers and District Magistrate but no heed was paid and no action was taken.;