M.M.AGGARWAL, J. - (1.) THIS is petition for quashing of complaint and all consequential proceedings.
(2.) ON behalf of the petitioner, it was argued that as per Section 3(1) of the Act, it was mandatory for the complainant to plead and allege in the complaint that the accused was not a member of the Scheduled Caste or Scheduled Tribes and in this case, this was not pleaded and as such the complaint for the offence under Section 3(1) of the Scheduled Castes and Scheduled Tribes (Prevention of the Atrocities) Act, 1989 was not maintainable. A judgment of Bombay High Court reported in Manohar M. Kulkarni v. State of Maharashtra, 2006(1) RCR(Criminal) 537 had been relied.
(3.) IN the complaint copy Annexure P-1 filed by Santokh Ram, respondent No. 1 as against the petitioners, it was pleaded in para No. 1 of the complaint othat the complainant was Adharmi by caste, which had been declared as Scheduled Caste within the meaning of Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. It had been pleaded that accused No. 1 Bilkul Bhi Akal Nahin Hai" whereas accused No. 2 had shouted and abused complainant like this "Inhan Kutiyan Charmaran Nu Kee Pata England Kee Hundi Hai". It had also been pleaded that accused knew that complainant was Adharmi by caste.;