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2013 Supreme(MP) 1224

N.K.GUPTA
Awadhesh Prasad Tiwari – Appellant
Versus
State of M. P. – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff:Shri Manish Datt, Senior Advocate , Shri Nishant Datt, Advocate
For Respondents/Defendant:Shri S.D. Khan, G.A. for the State/Respondent No. 1 , None for the Respondent No. 2

ORDER

N.K. Gupta, J.

1. The applicant has preferred the present petition under section 482 of the Cr.P.C. against the order dated 11.1.2011 passed by the learned JMFC, Damoh in criminal case No. 67/2011, whereby the cognizance of offence punishable under section 4 of the SC/ST (Prevention of Atrocities) Act, 1989 (hereinafter it will be referred to as 'Special Act') was taken against the applicant. The facts of the case, in short, are that, the prosecutrix/complainant had lodged an FIR against Arvind Yadav and Rajendra Yadav for offence punishable under section 341, 354, 506B read with section 34 of IPC and section 3(1)(xi) of the Special Act. Thereafter, the case was investigated. In investigation, one Kanno @ Kamla Bai, cousin of the prosecutrix and other 4 witnesses were believed to have stated that nothing was done by the accused persons with the prosecutrix. Thereafter, the applicant who was the investigation officer has submitted a final report before the higher authorities and with the recommendation of S.P., Damoh, a final report was filed before the JMFC, Damoh (Shri S.S. Jamra). In consideration of final report, the prosecutrix was called for her examination and the prosecu


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