Ajai Lamba, J. - (1.) THIS petition is directed against order of charge dated 27.8.2010 and charge sheet of the same date whereby the Petitioners have been charged to face trial for commission of offence under Section 3(1)(x) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'the Act').
(2.) CHARGE sheet reads as under: That on 9.10.2004 at about 3 PM in the area of Goindwal Sahib, you not being a member of a scheduled caste or scheduled Tribe intentionally intimidates with the intent to humiliate a member i.e. complainant of a scheduled caste on public place within public view and thereby you committed an offence punishable Under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and within the cognizance of court of Sessions. And I hereby direct that you be tried by this Court on the commission of said offence. Contention of learned Counsel for the Petitioners, at the first instance, is that the incident did not take place at public place and therefore, the charge could not have been framed. On the second count, it has been contended that the complaint does not allege that the Respondent -complainant knew that Petitioners did not belong to scheduled caste or scheduled tribe and therefore, intentionally abused the complainant in the name of caste.
(3.) I have considered the contentions of the learned Counsel.;