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2009 Supreme(All) 3136

SHRI KANT TRIPATHI
DHARAM PAL SINGH – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
R.B. Gaur for the Revisionist; A.G.A. for the Respondent.

JUDGMENT

Hon’ble Shri Kant Tripathi, J.—Heard the learned counsel for the revisionist and the learned AGA for the State and perused the impugned order dated 12.8.2009 as well as charge dated 24.4.2001 and 9.7.2009 framed by the learned Additional Sessions Judge in ST No. 563 of 2009.

2. The revisionist Dharam Pal Singh has preferred this revision against the order dated 12.8.2009 passed by the Additional Sessions Judge, Fast Track Court No. 2, Shahjahanpur, in ST No. 563 of 2000 whereby the learned Additional Sessions Judge rejected the revisionist’s application to recall the prosecution witnesses for further cross-examination.

3. It appears that on 24.4.2001 charges under Sections 376 and 506, I.P.C. and Section 3 (1)(xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, were framed against the revisionist by the then Additional Sessions Judge, Court No. 2, Shahjahanpur. On 3.7.2009 the learned Additional Sessions Judge, Fast Track Court No. 2, Shahjahanpur amended the charge framed under Section 3 (1)(xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, and substituted in its place a new charge under Section 3 (2)(v) of the









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