ANIL KUMAR CHOUDHARY,J. - (1.) Heard learned counsel for the appellants and learned counsel for the State assisted by learned counsel for respondent no. 2. Invoking the jurisdiction under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, this appeal has been preferred by the appellants being aggrieved by the order dated 13.06.17 passed in S.C./S.T. Case No. 02/2017 by Additional Sessions Judge 1st Bokaroin connection with Pindrajora P.S. Case No. 102 of 2016 ( G.R. No. 1630 of 2016), registered under Section 448, 342, 323, 385, 386, 504, 506, 34 of the Indian Penal Code and under Section 3/4 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, whereby and whereunder the court below rejected the application under Section 227 Cr.P.C.
(2.) Learned counsel for the appellants submits that perusal of the record reveals that no offence punishable under Sections 3(1) (r) or 3(2) (va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is made out. It is further submitted that the learned court below without taking into account the same, has rejected the prayer for discharge without application of judicial mind. Hence, it is submitted that the order passed by learned court below be set aside and the petition under Section 227 Cr. P.C.be allowed.
(3.) Learned Addl. PP assisted by learned counsel for the Respondent No. 2, drew attention of the court to running page no. 28 of the brief, which is first page of the impugned order dated 13.06.17 of the said S.C./S.T. Case No. 02/2017, wherein the court below has observed that in the petition under Section 227 Cr. PC., it has been mentioned as to on whose behalf, the said application for discharge was filed. It was further submitted on their behalf that there is specific allegation in the FIR and the statement of the witnesses before the investigating officer as referred to by the court below in the impugned order itself, that the accused persons of the case the appellants herein, intentionally insulted the informant, who is a member of the Scheduled Caste and the place of occurrence was within public view. It was also submitted by them that there is material on record that the alleged offences were committed against the person of the informant knowing that the informant is a member of the Scheduled Caste, therefore, learned court below has rightly rejected the application under 227 Cr. PC.,hence, this appeal being without any merit be dismissed.;