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2003 Supreme(UK) 289

IRSHAD HUSSAIN
Saroj – Appellant
Versus
State of Uttaranchal – Respondent


Advocates Appeared:
Mr. Aruind Vashistha for Petitioners Sri J. P. Joshi for Respondent No.2 A.G.A. for Respondent No. 1.

JUDGMENT

Hon'ble Irshad Hussain. J. :

The instant petition under section 482 of the Code of Criminal Procedure, 1973 (for short 'Code') has been filed for quashing the charge sheet dated 3.11.2002 submitted in case crime No. 203/2002 under sections 323, 504 and 506 I.P.C. and section 3 (1) (X) of the S. C. and S. T. Act and also . the summoning order dated 4.12.2002 passed by Judicial Magistrate, Roorkee. District Haridwar in criminal case No. 2949/2002.

2. Brief facts giving rise to this petition are that respondent No.2 lodged an F. 1. R. on 22.9.2002 at P. S. Gang Nahar, District Haridwar against the revisionists alleging that they assaulted his wife Smt. Rajkali and niece Rubi and gave threat to kill them at about 6 P.M. on that day. Both the victims received injuries. The complainant-respondent No.2 is a Harijan by caste and whereas the petitioners belong to higher caste and, therefore, the police registered the case under the above sections, On investigation charge sheet has accordingly been submitted against the petitioners and the same is impugned in this case.

3. Learned counsel for the petitioners submitted that the offences except offence under section 3 (1) (X) of the S.








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