Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present application has been filed seeking quashing the charge-sheet dated 28.10.2020, cognizance order dated 08.12.2020 as well as Case Crime No. 187 of 2020 under sections 352, 437, 323, 325, 504, 506 IPC and section 3(1)Da and Dha of SC/ST Act, Police Station Barsathi, District Jaunpur.
The counsel for the applicants argues that in respect of the property various disputes are going on including proceedings before the Consolidation Officer. He further argues that on account of civil dispute going on in between the parties, the present criminal proceedings have been initiated. He also argues that even assuming the allegations to be correct no offence can be made out under section 3(1)(r) & (s) of SC/ST Act inasmuch as no offence under section 3(1)(r) & (s) of the SC/ST Act exist and further no allegations were made in public view which is sine qua non for trial under section 3(1)(r) & (s)of the SC/ST Act. He places reliance upon the judgement of the Supreme Court in the case of Hitesh Verma vs. State of Uttrakhand and another, AIR 2020 SC 5584 to buttress his submission.
I have perused the FIR.
Considering the averments made at the bar, the present application is disposed of with liberty to the applicant to file an application seeking discharge through counsel under section 3(1)(r)(s) of the SC/ST Act on or before 05.03.2021. In case the said application is filed the same shall be decided by the court concerned within a period of two months taking into consideration the judgement of the Supreme Court in the case of Hitesh Verma (supra). Till the decision on the discharge application no coercive steps shall be taken against the applicants. In case application is not filed on or before 05.03.2021 this order shall automatically stands vacated.
The application u/s 482 Cr.P.C. is disposed off in terms of the said order.
Order Date :- 10.2.2021 Puspendra