Provisions of SC/ST Act not applicable where FIR does not mention that applicant does not belong to SC/ST

Uttaranchal High Court: A Single Judge Bench comprising of Narayan Singh Dhanik, J. partly allowed a petition as a prima facie case was made out against the accused.

The applicant has prayed for quashing the Criminal Case filed under Sections 147, 148, 149, 452, 504, 323, 427 IPC and one under Section 3(1)x of the SC/ST Act.

The respondent through his counsel Pratiropp Pandey has filed an FIR by alleging that the applicant armed with a sword, pistol and lathi entered into his house and hurled abuses and caste indicating words “Neech” and “Chamar” and also assaulted him as well as his brother along with looting articles from his house. The applicant through his counsel Amit Kapri has contended that the provisions of the SC/ST Act were not attracted in this case as the FIR nowhere states that that the applicant does not belong Scheduled Caste or the Scheduled Tribe and that they intentionally insulted or intimidated the complainant and his brother with intent to humiliate them in a place within public view.

The Court here was of the view that the basic element needed to prosecute the applicant was missing here and thus the offence under the SC/ST Act cannot be sustained nonetheless the rest of the claim stood allowed.[Mahendra Bhatt v. State of Uttarakhand,2018 SCC OnLine Utt 1022, decided on 14-12-2018]

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