JUDGMENT :

A.K.MISHRA, J.

1. The question in singularity in this proceeding under Section 482 Cr.P.C., 1973 is whether the trial court at the stage of framing of charge under Sections 227 & 228, Cr.P.C. is to accept and assess the material placed by the defence.

This point emerged when the Sessions Judge-cum-Special Judge, Koraput, Jeypore vide order dated 22.3.2010 in C.T. No. 184 of 2009, declined to accept the documents in support of the caste of the present petitioners who were accused persons and thereby discharged the accused persons of the offence under Section 447/34 of the I.P.C. but ordered to frame charge in respect of the offences under Sections 294/323/324/34 of the I.P.C. and under Section 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 ( for short 'S.C. & S.T. (P.A.) Act').

To put the facts simply, Opposite party no.2 Buduri @ Nila Khillo lodged an F.I.R. on 5.10.2005 alleging that both the petitioners in order to construct a temple assaulted the informant and abused in filthy language causing annoyance. On such F.I.R. Koraput Town P.S. Case No. 134 dated 5.10.2005 under Sections 294/323/324/34 of the I.P.C. and Section 3(1)(x) of