RAVINDRA MAITHANI
CHARANJEET SINGH – Appellant
Versus
STATE OF UTTARAKHAND – Respondent
JUDGMENT
Hon'ble Ravindra Maithani, J.
Present petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “the Code") has been filed by the petitioners for quashing the entire proceedings of Criminal Case No. 18 of 2018, State Vs. Charanjeet and others, under Section 147, 452, 323 I.P.C. and Section 3(1)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as “the Act"), pending in the court of learned Additional Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar.
2. Heard learned counsel for the parties and perused the record.
3. Facts, briefly stated, in the instant case are that an FIR was lodged on 05.11.2017 at Police Station Kundeshwari Kashipur, District Udham Singh Nagar under Section 147, 323, 452 I.P.C. and Section 3(1)(x) of the Act. According to it, the first informant, respondent no. 2 herein, belongs to the Scheduled Caste category. On 31.10.2017, he was not at home. At 7.00 P.M. on that day, the petitioners entered into his house and started assaulting the family members of the respondent no. 3 and also used caste coloured remarks. Some persons intervened, thereafter, t
Ashabaia Machindra Adhagale Vs. State of Maharashtra & ors. (2009) 2 SCC (Cri) 20.
Gorige Pentaiah Vs. State of Andhra Pradesh and others (2009) 1 SCC (Cri) 446.
Manju Devi Vs. Onkarjit Singh Ahluwalia Alias Omkarjeet Singh & Ors (2017) 13 SCC 439.
Swaran Singh & ors Vs. State through Standing Counsel & anr (2008) 8 SCC 435.
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