Sudhir Agarwal, J. - (1.) Heard Sri Tripathi B. G. Bhai, learned counsel for applicants and learned A.G.A. for State-respondent.
(2.) This application under Section 482 of Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C.") has been filed by six persons namely Shiv Poojan, Prem, Dayaram, Devanand, Smt. Audhraji and Smt. Usha Devi, all residents of Village-Katya, Police Station-Ghanghata, District-Sant Kabir Nagar, being aggrieved by summoning order dated 24.11.2000 passed by Chief Judicial Magistrate, Basti (hereinafter referred to as 'C.J.M.') in Criminal Case No.42/12/2000 (arising out of Case Crime No.323-A/1999), under Sections 147, 323, 324, 504, 506 of India Penal Code (hereinafter referred to as 'I.P.C.') read with Section 3 (1) (x) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "S.C./S.T. Act, 1989"). Applicants have prayed for quashing entire proceedings in aforesaid criminal case.
(3.) When police did not register report of respondent 3, Komal Harizan (hereinafter referred to as 'complainant'), he filed an application under Section 156 (3) Cr.P.C. alleging that applicants belong to higher caste and on 04.11.1999, applicants' buffalo entered the field of Complainant and damaged crop standing thereon. Complainant when sought to complain applicants and went to their house, they all misbehaved, abused and also beat him. They also used casteist remark and, therefore, committed offences under Section 147, 323, 324, 504, 506, 427 I.P.C. read with Section 3 (1) (x) of S.C./S.T. Act, 1989.;