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2021 Supreme(UK) 789

RAVINDRA MAITHANI
PANKAJ CHAUDHARY – Appellant
Versus
STATE OF UTTARAKHAND – Respondent


Advocates:
For the Petitioner:Mr. Rakesh Thapliyal, Sr. Advocate, assisted by Mr. Pankaj Chaturvedi, Advocate
For the State :Mr. Lalit Miglani, AGA with Ms. Lata Negi, Brief Holder and Mr. Arvind Vashistha, Sr. Adv. assisted by Mr. Kaushal Pandey, Advocate

JUDGMENT

Per: Hon'ble Ravindra Maithani, J.

Instant writ petition under Article 226 of the Constitution of India was initially filed for quashing of the FIR No. 198 of 2021, under Sections 147, 153A, 504 & 506 IPC and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, “the Act"), Police Station Jhabrera, District Haridwar and related reliefs. During the pendency of petition, charge sheet was submitted in the case. Thereafter, by way of amendment, the petitioners have also sought quashing of the charge sheet as well as the cognizance order 22.07.2021, passed by the District and Sessions Judge, Haridwar, in Special Sessions Trial No. 19 of 2021, State of Uttarakhand Vs. Pankaj Chaudhary and another.

2. Facts necessary to consider the controversy, briefly stated, are as hereunder:-

Respondent no. 3 filed an FIR on 19.05.2021, at 09:48 P.M. at Police Station Jhabrera, under Sections147, 153A, 504 & 506, IPC and Section 3(1)(x) of the Act. According to it, on that date, Deshraj Karnwal (“the victim"), a Member of Legislative Assembly visited Primary Health Centre (for short, “PHC"), Jhabrera at about 11:30 A.M. When the victim wa

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