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2015 Supreme(Del) 1420

ASHUTOSH KUMAR
Govind Singh – Appellant
Versus
State – Respondent


Advocate Appeared:
Mr. N.S. Dalal, Mr. Amit Rana & Ms. Nidhi Dalal, Advocates.
Mr. Lovkesh Sawhney, APP.

Judgment

Ashutosh Kumar, J.

1. Both the cases have been heard together and a common order is being passed.

2. Heard the counsels for the parties in both the cases.

3. The petitioners in both the petitions have put a challenge to the order dated 3.5.2013 passed by ASJ-02, North District, Rohini Courts in Sessions Case No.89/2011 in connection with FIR No.242/2011 (P.S. Crime Branch) whereby the prayer for discharge of the offences under Sections 447/120B and 34 of the IPC read with Section 3(1)(v) of the SC & ST (Prevention of Atrocities) Act (hereinafter referred to as the “Act”) has been refused.

4. The prosecution case as projected by the petitioners is that during the floods of 1961-62 the lands in village Mohammadpur were washed away. The villagers left the village for settling at safer places and the village land remained vacant.

5. In 1977 the village was again ravished by floods in Yamuna. Later with the flood water receding, the land was reclaimed.

6. A resolution was passed in 1977 under the Chairmanship of Gram Pradhan distributing the land of the village amongst landless people belonging to Scheduled Castes and other landless residents. The aforesaid resolution was passed under































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