It is submitted by learned Counsel for the applicants that applicant nos. 1 to 13 are belonging to scheduled caste community and as such the S.C./S.T. Act does not apply against them. The Investigating Officer after due investigation has submitted charge-sheet against the applicant nos.1 to 13 under Section 147, 323, 504, 188, 270, 325 IPC and Section 51(b) of Aapda Prabandhan Adhiniyam and charge-sheet against applicant no.14 is under Section 147, 323, 504, 188, 270, 325 IPC and Section 51(b) of Aapda Prabandhan Adhiniyam and Section 3(1)(Da) & 3(1)(Dha) of S.C./S.T. Act. It is further submitted by learned Counsel for the applicants that the learned trial court while taking cognizance vide order dated 13.10.2020 had summoned all the applicants under Section 147, 323, 504, 188, 270, 325 IPC and Section 51(b) of Aapda Prabandhan Adhiniyam and Section 3(1)(Da) & 3(1)(Dha) of S.C./S.T. Act. Since the applicant nos.1 to 13 are belonging to Scheduled Caste community, therefore, S.C./S.T. Act does not apply against them but the learned Magistrate without application of mind in a routine manner has taken cognizance.
