SIDDHARTHA CHATTOPADHYAY,J. - (1.) (CAV) - The petitioner sought for quashing of proceedings in connection Chinsurah Police Station Case No. 306 of 2014 dated 11.07.2014 under Section 3 (X) of the Schedule Castes and Schedule Tribes (Prevention of Trustees) Act 1989, corresponding to G.R. Case No. 1331 of 2014. He has prayed for quashing mainly on two counts:- 1. The F.I.R. does not bear any averment that the accused petitioner belongs to higher castes and that the de-facto complainant is a member of schedule castes community. 2. There is no substantial compliance of Section 9 Rule 7 of the Act which is mandatory in view of judicial pronouncement.
(2.) It was also faintly argued that if the head master concerned (the accused petitioner) told him that the de-facto complainant would be permitted to join by him, then how the de-facto complainant took the classes of the students.
(3.) The learned Counsel appearing on behalf of the present petitioner mainly highlighted those aspects supported by judicial pronouncements (Darshan Singh Saini v. Sohan Singh and Anr.) reported in (2016) 2 SCC (Cri.) 418 and (State of Madhya Pradesh v. Chunilal alias Chunni Singh) reported in (2010) 1 SCC (Cri.) 683 . According to him, there is no substantial compliances of Section 9 Rule 7 of the Act and so the proceedings should be quashed. The learned Counsel appearing on behalf of the state argued that the concerned S.P. has directed the Deputy Superintend of Police to conduct investigation and so there is total compliance of Section 9 Rule 7 of the Act.;