Tota Ram vs State Of U.P.And Another
2013 Latest Caselaw 2304 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- U/S 482/378/407 No. - 927 of 2005
 

 
Petitioner :- Tota Ram
 
Respondent :- State Of U.P.And Another
 
Petitioner Counsel :- Ajai K.Singh
 
Respondent Counsel :- Govt.Advocate
 

 
Hon'ble Ravindra Singh,J.

Heard learned counsel for the applicant and learned A.G.A.

No one appears on behalf of the O.P. No. 2 whereas according to the office report the service of the notice has been made upon him personally.

This application has been filed with a prayer to quash the proceedings of the complaint case No. 1552 of 2004 (Old No. 579 of 1997)  under section 506 IPC and section 3(1)X SC/ST Act pending in the court of learned A.C.J.M.-IV Hardoi.

From the perusal  of the record it appears that in the present case the complaint has been filed by O.P. No. 2 against the applicant, thereafter the statement under sections 200 and 202 Cr.P.C. have been recorded. After considering the same the learned Magistrate has taken the cognizance and summoned the applicant to face the trial for the offence under section 506 IPC and section 3(1)X SC/ST Act vide order dated 18.4.2003. But it is a case in which the O.P. No. 2 who is complainant of this case is not belonging to SC/ST community. According to the counsel for the applicant he is belonging to the Brahman by caste.  He has not made anywhere in the statement of 200 and 202 Cr.P.C. that he was belonging to SC/ST Community. In such circumstances, the learned Magistrate has committed the error in taking the cognizance against the applicant and by summoning him under section 3(1)X SC/ST Act. According to the applicant's counsel the applicant is collection Amin. The O.P. No. 2 was not depositing the amount of dues for which warrant of arrest was issued against him on 18.3.1997. In pursuance of that warrant of the arrest he was arrested on 20.3.1997. Due to his arrest he was too much annoyed with the applicant, thereafter the present complaint has been filed. The present complaint appears to be full of malafide. In such circumstances, in case the applicant face the trial, he may suffer irreparable loss, therefore, the proceeding of the above mentioned case is hereby quashed.

Accordingly this application is allowed.

Order Date :- 17.5.2013

RPD