2025:UHC:4129 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C482/899/2015 Mohd. Alauddin, learned counsel for the applicant. 2. Mr. Akshay Latwal, learned AGA for the State. 3. None is present for the private respondents. 4. Present applicant filed a complaint against respondent no. 2 & 3 under Sections 323, 452, 504 and 506 IPC and Section 3 (1) (X) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities)Act, 1989 before learned Additional Chief Judicial Magistrate, Laksar, District Haridwar, in which, learned Magistrate, after following the procedure, issued summons against respondent nos. 2 & 3. Feeling aggrieved, a Criminal Revision was filed by the respondent nos. 2 & 3, wherein Sections the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been removed by the Revisional Court. Hence, the present Application under Section 482 Cr.P.C. has been filed by the applicant. 5. Heard learned counsel for the parties and perused the materials available on record. 6. Learned counsel for the applicant submits that the learned Revisional Court have erred in holding that both the parties belong to the same community, therefore, the provisions of Section 3 (1) (X) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989, would 2025:UHC:4129 not be applicable. Counsel for the applicant would further submit that the Revisional Court has erred in reaching this finding that both the parties belong to the same community, inasmuch as, respondent no.2 belong to Gurjar community which is not included in the list of SC/ST castes. 7. The other grounds taken by learned counsel for the applicant that Revisional Court has modified the summoning order to the extent of removing Sections 3 (I) (X) of the SC/ST Act were expunged by holding that the incident as narrated in the complaint did not take place in the public place, whereas in the complaint as well as in the statements of the witnesses, it was clearly stated that respondent no.2 has used caste specific remarks and insulted & humiliated the applicant and his wife in the public path of the village. He has further submitted that the Revisional jurisdiction can be exercised only if the order under challenge is arbitrary or illegal or was acted not in exercise of his jurisdiction or has abused its power or has been exercised improperly. 8. Heard learned counsel for the parties and perused the material available on record. 9. It is settled proposition of law that the Magistrate while issuing the summoning order has to only record his prima facie satisfaction after perusing the complaint and statement of the witnesses. In the present case, Revisional court have acted like an Appellate Court and without verifying the fact that the respondent no. 2 who belong to Gurjar community and whether he belongs to SC/ST caste or not. Admittedly respondent no. 2 belongs to 2025:UHC:4129 the Gurjar community whether it comes within SC/ST casts or not this fact could only have been proved after taking the evidence in this regard. Furthermore, the complaint discloses the fact that respondent no. 2 has used caste specific words against the applicant and his wife in village path which is a public place and this fact have been corroborated by the statements of the witnesses of the complaint. 10. In view of the above discussions, this Court is of the view that the Revisional Court has not appreciated the correct facts of the case while modifying the summoning order, therefore, the judgment & order dated 05. 12.2014, passed by the Revisional Court in Criminal Revision No.65 of 2014, Mahipal & and others vs. State and another, is set aside to the extent that provisions of Section 3 (I) (X) of the SC/ST Act against respondent no.2 would be applicable. 11. Learned Additional Chief Judicial Magistrate, Laksar, District Haridwar is directed to issue fresh notices to summon the respondent nos. 2 in Complaint Case No. 45 of 2013, Baleshwar vs. Mahipal and another, under Sections 452, 323, 504 and 506 IPC & Section 3 (I) (X) of the SC/ST Act and to respondent no. 3 under Sections 452, 323, 504 and 506 IPC. 12. Present C-482 Petition is disposed of with the above said directions. (Alok Mahra, J.) 19.05.2025 Kaushal 2025:UHC:4129