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2009 Supreme(Chh) 136

D.R.DESHMUKH
NAGESHWAR MANDAL – Appellant
Versus
STATE OF C. G. – Respondent


Advocates Appeared:
Shri Shrawan Agrawal, Advocate, for the Applicants.
Shri N. Naha Roy, Panel Lawyer, for the State.
Shri Manoj Paranjpe, Advocate, for the Non-applicant No.2.

ORDER

1. This criminal revision is directed against the funning of charge against the applicants No.1 to 6 by Special Judge (Atrocities), Raipur by order dated 11.1.2007 passed in Sessions Trial No. 138/2006.

2. By the impugned order, charge under Section 3 (1) (x) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (henceforth 'the Act') and Section 149 of the LP.C. was framed against applicants No.1 to 5, while charge under Section 366,376 (1) & 506 part-II of the IPC and Section 3(1)(x) and 3 (2) (v) of the Act read with Section 149 of the IPC was framed against the applicant No.6.

3. Admittedly, applicant No.6 is the son of applicants No.1 & 2, brother of applicants No.3 & 5 and brother-in-law of applicant No.4.

4. Brief facts are that on 1.9.2005 at 1:00 pm., non-applicant No.2 lodged written FIR in Mahila Thana, Raipur stating therein that while studying in Chhattisgarh College, Raipur, she fell in love with applicant No.6. On the suggestion of her relatives, she left for Mehandi Bada, Balaghat Applicant No.6 repeatedly telephoned her to come to Raipur. Later, applicant No.6 came to Mehandi Bada and lured non-applicant No.2 to accompany her to Raipur














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