2025:UHC:7001 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C482/1488/2016 Hon’ble Alok Mahra, J. Mr. Gaurav Singh, learned counsel for the applicant. 2. Mr. B.N. Molakhi, learned Deputy A.G. along with Mr. Akshay Latwal, learned A.G.A. for the State. 3. This application under Section 482 Cr.P.C. has been filed by the applicants seeking quashing of the summoning/cognizance order dated 03.09.2016 passed in Special Sessions Trial No. 12 of 2016 under Sections 147, 148, 149, 323, 325, 504 & 506 IPC and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short “the SC/ST Act”), pending before the Court of the 3rd Additional District & Sessions Judge, Haridwar as well as the entire proceedings of the aforesaid case. 4. Brief facts of the case, as per record, are that respondent no.2 lodged an FIR on 27.04.2016 alleging that on 26.04.2016 the applicants assaulted his son and thereafter entered his house and assaulted the complainant and others, while also using caste- related abusive words. Based on the said report, the Investigating Officer conducted investigation and filed a charge-sheet against the applicants, on which the learned trial court took cognizance. 5. Learned counsel for the applicants would submit that the applicants are innocent and have falsely been implicated; that, there is a delay of one day in lodging the FIR without 2025:UHC:7001 any explanation, casting doubt on the prosecution story; that, the FIR is exaggerated and unsupported by medical evidence; that, no specific role is assigned to the applicants. Even if the allegations are taken at face value, no offence under Section 3(1)(x) of the SC/ST Act is made out. 6. Learned counsel for the applicants would further submit that the FIR does not allege that the applicants were not members of a Scheduled Caste/Tribe, nor does it state that the complainant was insulted or intimidated with intent to humiliate within public view; that, there is no independent public witness, and the alleged incident lacks the basic statutory ingredients to attract Section 3(1)(x) SC/ST Act; that, the charge-sheet contains no specific averments justifying invocation of the SC/ST Act, and the summoning order has been passed mechanically. Learned counsel for the applicant confined his prayer only to the extent that the offence under Section 3(1)(x) SC/ST Act be quashed against the applicants as no offence has been made out against them. 7. Per contra, learned State counsel would submit that the charge-sheet was filed after due investigation and cognizance was taken after perusal of the record. However, he fairly concedes that the charge-sheet lacks specific averments necessary to attract Section 3(1)(x) of the SC/ST Act. 8. Heard learned counsel for the parties and perused the material available on record. 9. The essential ingredient of Section 3(1)(x) of the Act, prior to its amendment dated 18.01.2016, reads as follows: “Whoever, not being a member of a Scheduled Caste or Scheduled Tribe; intentionally insults or intimidates with 2025:UHC:7001 intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe in any place within public view.” 10. On perusal of the FIR and charge-sheet, the Court finds that no specific caste-related words have been attributed to the applicants. No allegation that the incident occurred in public view. The Hon’ble Supreme Court in State of Haryana vs. Bhajan Lal, 1992 Supp (1) SCC 335, has laid down the categories of cases where inherent jurisdiction under Section 482 Cr.P.C. may be exercised to prevent abuse of process or to secure the ends of justice. 11. In view of the above, even if the allegations in the FIR are taken at their face value, the essential ingredients of Section 3(1)(x) SC/ST Act, namely, intentional insult or intimidation with intent to humiliate within public view, are absent. 12. Accordingly, the C-482 application is partly allowed. The proceedings in Special Sessions Trial No. 12 of 2016, pending before the 3rd Additional District & Sessions Judge, Haridwar, are quashed only to the extent they relate to the offence under Section 3(1)(x) SC/ST Act against the applicants. However, the trial shall proceed with respect to the offences under Sections 147, 148, 149, 323, 325, 504 and 506 IPC in accordance with law. 13. Pending applications, if any, stand disposed of accordingly. (Alok Mahra, J.) 08.08.2025 Mamta 2025:UHC:7001