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1998 Supreme(All) 1364

D.K.TRIVEDI, R.P.NIGAM
SUDHANSHU GUPTA – Appellant
Versus
STATE OF U P – Respondent


Advocates Appeared:
RAJENDRE KUMAR DWIVEDI,

By means of this peti tion, the petitioners pray for quashing of the First Information Report in respect of the case crime No. 1033 of 1998 under Sections 323/504/506, IPC and Section 3 (1) (10) Schedule Caste and Schedule Tribe Act, P. S. Kotwali, Lakhimpur Kheri.

2. The contention of the learned counsel for the petitioners is that the com plainant in this case is the son of Chief Judicial Magistrate, Lakhimpur Kheri therefore, the police is unnecessary harassing the petitioners who were not involved in the incident. The incident took place just infront of the house of the petitioners and the petitioners tried to subside the dispute which was going on between the students. The petitioners also filed several affidavits of the persons who are residing near the place of the incident including Sri Bhuvenshwari Prasad Saxena who is running a coaching institute. The present petition was filed and this court directed the Government advocate to ob tain instruction. Today the Government advocate obtained instruction and also placed before us the case diary. The con tention of the petitioners counsel is that even Section 3 of the Schedule Caste and Scheduled Tribes (Prevention of Atrocities






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