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2024 Supreme(All) 944

MANOJ BAJAJ
Pramod Pandey – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Kamlesh Singh.
For the Respondent: Avanindra Kumar Mishra.

JUDGMENT :

MANOJ BAJAJ, J.

1. Appellants-Accused have filed this appeal under Section 14A(1) Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 for setting aside the impugned order dated 21.9.2019 passed by the Special Judge (SC/ST Act), Deoria in Sessions Trial No. 50 of 2016; titled Raj Bahadur Chamar vs. Pramod Pandey, arising out of Case Crime No. 99 of 2012, under Sections 323, 504, 506 IPC and 3(1) X Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station Lar, District Deoria, whereby their application under Section 245(2) Cr.P.C. for discharge has been dismissed.

2. The facts in brief leading to the appeal are that the opposite party no. 2-Raj Bahadur Chamar filed an application under Section 156(3) Cr.P.C. dated 1st December, 2011 before the Judicial Magistrate, Deoria for registration of FIR and investigation, whereupon vide order dated 8th February, 2012, a direction was issued and a Case Crime No. 99 of 2012 was registered against the accused persons (appellants) under sections 376, 511, 452, 504, 506 IPC and Section 3(1)X Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, at Pol

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