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2017 Supreme(SC) 1715

KURIAN JOSEPH, AMITAVA ROY
Ishwar Pratap Singh – Appellant
Versus
State of Uttar Pradesh – Respondent


JUDGMENT :

Kurian, J.

1. Leave granted.

2. The appellants are aggrieved by the order dated 22.07.2015 passed in Crl. Misc. Petition No.1392 of 2008 by the High Court of Judicature at Allahabad, Lucknow Bench. The High Court declined to exercise its jurisdiction under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “CrPC”) on a prayer made by the appellants for quashing the Supplementary Report filed under Section 173 of CrPC. dated 26.04.2007 by the Investigating Officer. It is stated in the Report itself that the charges are added at the instance of the National Commission for Scheduled Castes (hereinafter referred to as “the Commission”). The Report, to the extent relevant, reads as follows:-

“It is most respectfully submitted that NCR No.96/04 u/s. 323, 504, 506 IPC was registered at PS Motiganj on 10.2.2007 and subsequently Section 3(1)(x) of the SC/ST (Prevention of Atrocities) Act was inserted under the directions of Hon'ble SC/ST Commission and the investigation of the case was taken up by me. On the basis of the entire investigation, statement of informant and witnesses, inspection of the place of occurrence, prima facie case for the offence u/s






































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