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2012 Supreme(MP) 177

N.K.GUPTA
K. S. Pandey – Appellant
Versus
State of M. P. – Respondent


Advocates:
Manish Datt for appellants;
R.P. Tiwari, Government Advocate for respondent/State;
A.K. Singh for respondent No.2.

ORDER

1. This order shall govern the disposal of above mentioned two applications, as common question of fact and law are involved in these applications.

2. The applicants have preferred the present applications under section 482 of CrPC for quashing the FIR lodged by the respondent No.2, which was registered vide Crime No.5/2008 before the Police Station AJK Bhopal for commission of offence punishable under sections 505, 120B of IPC and section 3(1)(viii) and (x) of SC/ST (Prevention of Atrocities) Act, 1989 (for short “Special Act”).

3. The facts of the case in a nutshell are that on 20.8.2008 the respondent No.2 who was a Lecturer in Maulana Azad National Institute of Technology (for brevity “MANIT”) had lodged an FIR that she had made some complaints on 30.5.2007 and 1.6.2007 before the SHO, Police Station AJK Bhopal, but no case was registered. Actually Dr. K.S. Pandey (applicant in M.Cr.C. No.8653/2008), Director of MANIT Bhopal was harassing the complainant on the basis of the caste. A civil case was pending before the trial Court as well as Writ Petition No.5224/2007 is pending before this Court in which stay was granted. It was also stated in the FIR that DPRC permitted the c























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