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2018 Supreme(UK) 394

LOK PAL SINGH
CHANDRA SHEKHAR KARGETI – Appellant
Versus
STATE OF UTTARAKHAND – Respondent


For the Applicant :Mr. C.K. Sharma, Advocate
For the Respondents:Mr. J.S. Virk, A.G.A. and Mr. Gopal K. Verma, Advocates

JUDGMENT

Hon'ble Lok Pal Singh, J.

By means of present criminal misc. application, moved under Section 482 of Cr.P.C., the applicant has sought quashing of the charge sheet dated 09.11.2016, cognizance order dated 30.01.2017 and other consequential orders passed in Special Sessions Trial no. 04 of 2017, in State vs Chandra Shekhar, under Sections 3(1)(p) and 3(1)(q) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

2. Brief facts of the case, in a nutshell, are that the complainant-second respondent lodged an FIR against the applicant, alleging therein that the complainant is a member of Scheduled Tribe community and is at present holding the posts of Secretary, Uttarakhand Scheduled Castes and Scheduled Tribes Commission and Deputy Director, Social Welfare Department. Sri Chandra Shekhar Kargeti, DM Law Associates, Mungali Garden, opposite Nirvahan Hotel, Haldwani, Nainital in connivance with some officers of the department is making false, baseless and incorrect allegations against the complainant, as he is an officer belonging to Scheduled Tribe community and are trying to implicate him in criminal cases, and posting the comments on social site ‘Facebook'

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