JUDGMENT Hon’ble Sudhanshu Dhulia, J. (Oral) 1. Mr. Mohd. Safdar, Advocate, present for the applicants. 2. A criminal complaint being Criminal Complaint Case No.838 of 2009 (Panche Ram Vs. Omparkash & others) was filed by the respondent against the applicants in the Court of IVth Additional Civil Judge (Junior Division)/Judicial Magistrate, Haridwar. After complying the provisions of Section 200 Cr.P.C. and 202 of Cr.P.C., summons have been issued to the applicants. Hence, this application under Section 482 Cr.P.C. 3. Vide order dated 11.06.2010, an interim protection was granted to the applicants. However, this application was itself dismissed for want of prosecution vide order dated 12.02.2014 and the interim order dated 11.06.2010 was also vacated. 4. Now an application (MCRC No.77 of 2015) for recall/restoration of this application, although belatedly has been filed along with an application for condonation of delay in filing the restoration/recall application (CRMA No.864 of 2015). 5. Heard the learned counsel for the applicants and perused the record. The reasons shown for delay are bona fide. The delay condonation application is allowed. Delay in filing the restoration/recall application is hereby condoned. On the grounds urged and in the interest of justice, the application for recall is also allowed. Order dated 12.02.2014 is recalled. The application under Section 482 Cr.P.C. is hereby restored to its original number. The interim order dated 11.06.2010 is also restored. 6. Heard the learned counsel for the applicants on the merit of the case. 7. Cognizance has been taken by the learned Magistrate of an offence under Sections 323/504/506 of I.P.C. and Section 3 (x) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the applicants. Admittedly, the respondent is tenant of present petitioners. There are civil litigations pending between the parties. On 22.08.2009, the incident appears to have happened in so-called tenanted premises. The contention of the learned counsel for the applicants is that essential ingredients of Section 3 (1) (x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 are not available because for this Section intentional insults or intimidations with intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe must be in any place within public view. There is no such assertion in the complaint. Admittedly, this has happened inside the premises. There is no such assertion in the complaint. Admittedly, this has happened inside the premises. Consequently, the ingredients of Section 3 (1) (x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act are not made out. Therefore, the proceedings before the learned IVth Additional Civil Judge (Junior Division)/Judicial Magistrate, Haridwar for the offence under Section 3 (1) (x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act are hereby quashed. 8. For the remaining offences, proceedings shall go on before the learned Magistrate concerned in accordance with law. The applicants shall appear before the Magistrate/Court concerned within one week from the date of production of certified copy of this order, and apply for bail, which may be considered in accordance with law, as far as possible the same day. 9. With the above order, the application under Section 482 Cr.P.C. stands disposed.