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2009 Supreme(SC) 1000

TARUN CHATTERJEE
Ram Babu – Appellant
Versus
State of Madhya Pradesh – Respondent


Judgment :-

H.L. Dattu, J.


1) This is a petition for special leave to appeal under Article 136 of the Constitution from the judgment and order passed by the High Court of Madhya Pradesh, Bench at Gwalior, in M.Cr.C. No.2216 of 2006, dated 2.11.2006. We grant special leave and dispose of this appeal.


2) By the judgment and the order impugned, High Court under Section 482 of the Code of Criminal Procedure has quashed the complaint as also the summons issued to the accused persons (Respondents Nos. 2 and 3) by the Judicial Magistrate, First Class, Gohad, District Bhind.


3) The trial arose out of a private complaint filed by the complainant against the accused persons for offences under Section 420, 467, 471, 323, 506B and 120-B of the Indian Penal Code and Section 3(2)(5) of the Scheduled Caste Scheduled Tribes Prohibition of Atrocities Act (herein after called the "S.C.S.T. Act"). The learned Judicial Magistrate First Class, Gohad, has taken cognizance and has issued summons against the accused persons.


4) In order to appreciate the stance of the complaint, it is necessary to understand the backdrop of the complaint. On 25.4.2006, the appellant made a complaint, inter-alia alleging





























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