PRASHANT KUMAR,J. - (1.) In this writ application, petitioner has prayed for quashing of the entire criminal proceeding in connection with Patratu (Bhurkunda) P.S. Case No. 242 of 2012 dated 10.12.2012 corresponding to G.R. No. 4790 of 2012 pending in the court of learned S.D.J.M., Hazaribagh instituted under sections 341, 323, 504, 506, 500, 379, 34 of the Indian Penal Code & 3/4 of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the 'Atrocities Act').
(2.) It is alleged that the informant, namely, Manoj Kumar was passing through Bhurkunda J.M. College. The accused persons, namely, Annu Sharma and others came on two vehicles and abused the informant by saying 'SALA CHAMAR' and threatened to kill him. It is also alleged that the accused persons caught hold the collar of the informant and torn his shirt. During that period itself, the chain of informant fallen in his hand. It is further stated that however, petitioner was rescued by other persons present there. Accordingly, the present case instituted under sections 341, 323, 504, 506, 500, 379, 34 of the Indian Penal Code & 3/4 of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 and police took up investigation.
(3.) It is submitted by learned counsel for the petitioner that even if the statements made in the FIR are taken to be true, then also no offence under section 3/4 of the Atrocities Act made out. It is submitted that for constituting an offence under section 3 (1)(x) of the Atrocities Act, it is essential to show that the accused is not a member of scheduled castes or scheduled tribes and the victim is the member of scheduled caste and scheduled tribe. The learned counsel further submitted that it is also necessary that the accused was knowing from before that the victim belongs to the community of scheduled caste and scheduled tribe and even after knowing so if the accused abuse and insult the victim then only offence under section 3(1)(x) of the Atrocities Act made out. It is submitted that in the instant case, the victim is a Vice Chairman of Zila Parishad, Ramgarh. Under the said circumstances, it is not known to the petitioner that he belongs to scheduled caste and scheduled tribe community. In that view of the matter, even if accused had abused him, the offence under section 3(1)(x) of the Atrocities Act is not made out. In this respect, learned counsel for the petitioner relied upon a judgment of Hon'ble Karnataka High Court reported in 2001 Cr. Law Journal 3566.;