R.K.BAG, J. - (1.) The petitioner has preferred this revision praying for quashing of the proceeding of G.R. no.1009 of 2009 arising out of Goalpokher Police Station Case no.163 of 2009 dated July 10, 2009 under Sections 448/323/325/326/354/34 of the Indian Penal Code and under Section 3(I)(iii)(iv) and (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 pending before the court of learned Additional Chief Judicial Magistrate, Islampur, Uttar Dinajpur.
(2.) The backdrop of the present revision is as follows: On July 10, 2009, the opposite party no.2 filed a written complaint before the Officer-in-Charge of Goalpokher Police Station on the basis of which Goalpokher Police Station Case no.163 of 2009 dated July 10, 2009 came into existence. The police investigated the said criminal case and submitted charge-sheet against the petitioner and other co-accused persons on the allegation of committing offence under Sections 323/326/354/447/307/34 of the Indian Penal Code and under Section 3(I)(iii)(iv)(v) and under Section 3(2)(iv) and (v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
(3.) With the above factual matrix, Mr. Kushal Paul, learned counsel for the petitioner contends that no offence is made out against the petitioner under Section 3 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. Mr. Paul emphatically submits that the contents of the written complaint treated as FIR do not disclose that members of family of the opposite party no.2 were assaulted because they belonged to either Scheduled Castes or Scheduled Tribes and as such criminal proceeding cannot continue against the petitioner and other co-accused persons for the offence under Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Mr. Paul has relied on the decision of Bombay High Court in "Manohar and another V. State of Maharashtra and others" reported in 2005 Cri LJ 4653 in support of his above contention.;