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2019 Supreme(Chh) 356

SANJAY K.AGRAWAL
Sushil Kumar Agrawal – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates Appeared:
Awadh Tripathi, Adv., Soumitra Kesharwani, Adv., Ravi Kumar Bhagat, Adv.

JUDGMENT :

Sanjay K Agrawal, J.

The petitioner herein against whom a first information report (FIR) under Crime No.41/2012 for the offence punishable under Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'the Act of 1989') read with Sections 294 & 506 of the IPC stood lodged and thereafter after due investigation, he has also been charge-sheeted for the aforesaid offences, seeks quashment of the FIR as well as the charge-sheet filed against him by way of this petition inter alia contending that the alleged offence under Section 3(1)(x) of the Act of 1989 was not even alleged to have been committed within the public view and the offence under Section 294 of the IPC is not even said to have been committed in public place and offence under Section 506 of the IPC is non-cognizable offence and that cannot be investigated except by the order of the Magistrate by virtue of the provision contained in Section 155(2) of the CrPC, therefore, the FIR as well as the subsequently filed charge-sheet against the petitioner deserve to be quashed.

2. The petitioner on the relevant date i.e. 12-9-2012 was owner of M/s. Jhajhariya Nirmal P


























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