(JULY 31, 2001) 2001 (TLS)125288

2001-DLT-93-741 :: 2001-AD (Del)-7-251

RAM NATH SACHDEVA Vs. Government of the National Capital Territory of Delhi

K. S. GUPTA

( 1 ) IN this petition filed under Section 482 criminal PROCEDURE CODE the petitioners seek setting aside of the orders dated 16/12/2000 and 11/01/2001 passed by a Metropolitan Magistrate and also the" order dated 25/1/2001 passed by an additional Sessions Judge dismissing C. R. No. 2/2001 preferred against said two orders.

( 2 ) FACTS giving rise to this petition lie in narrow compass. On 16/9/2000, prakash Chand Panwan made a complaint to Police on the basis whereof FIR No. 855/2000 under section 7 of the Protection of Civil Rights Act, 1955 was registered against the petitioner. On challan being. filed, by the order dated 16/12/2000 the Metropolitan Magistrate took, the view that in fact offence under section 3 (1) (x) of the scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short the Act ) was prima facie made made out and as this offence was exclusively triable by special court he sent the file to Sessions judge for, assigning , it to appropriate court. However, by the order