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2006 Supreme(Raj) 1851

HARBANS LAL
Jagdish Prasad Sharma – Appellant
Versus
State – Respondent


Advocates Appeared:
S.S. Hora, for Petitioner Arun Sharma, P.P. for State

Honble LAL, J.–This criminal revision petition under Section 397 read with Section 401 Cr.P.C. is directed against the order dated 2.4.2005 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jaipur in Sessions Case No. 90/2004 whereby charges for offences under Sections 323, 447 IPC and Sec. 3(1)(5) of the Act of 1989 have been framed.

(2). The relevant facts are that of 27.3.2004 an F.I.R. came to be lodged at P.S. Shivdaspura by one Smt. Dhapu Devi W/o Bhanwar Lal Meena to the effect that petitioner Jagdish Prasad Sharma along with one Sanwar Ram and Sita Ram and 22-25 other persons came and forcibly took the possession of the land belonging to the complainant.

(3). After investigation, the charge-sheet was filed for offences under Sections 323, 447 IPC and Sec. 3(1)(5) of the Act of 1989 (hereinafter referred in short as ``the Act) against the petitioner and one Sanwar Ram.

(4). The trial Court after hearing the parties and upon perusal of the materials placed before it passed the impugned order directing faming of charges as indicated hereinabove.

(5). Learned counsel for the petitioner has contended that the offences under Sections 447 IPC and Sec. 3(1)(5























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