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2015 Supreme(MP) 519

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


Advocates Appeared:
For the Petitioner:Manish Datt, Senior Advocate and Lokesh Jain, Advocate.
For the Respondents: Sameer Chile, G.A.

JUDGMENT :

N.K. Gupta, J.

1. The applicants have preferred the present petition under Section 482 of the Cr.P.C. to quash the proceedings of criminal complaint case No. 273/2009, pending before the JMFC, Chhindwara for offence under Sections 294, 506-B, 323, 342, 147, 148, 149 and 500 of IPC and Sections 3, 10, 11 of SC/ST (Prevention of Atrocities) Act (hereinafter it will be referred to as "Special Act").

2. The prosecution's case, in short, is that, the respondents No. 2 and 3 had lodged a criminal complaint before the CJM, Chhindwara on 28.3.1994 that the applicants being SHO and ASI at Police Station Kotwali, Chhindwara called the respondents No. 2 and 3 at Police station on 24.9.1994, at about 10 a.m. Jaya Bai, mother of the respondents No. 2 and 3 also accompanied them. The applicants and their companions shouted upon Jaya Bai to go away but, she could not go and therefore, the applicant No. 2 gave a slap on his face and therefore, swelling was caused on her mouth and thereafter, she went to her house. The respondents No. 2 and 3 were tortured. They had been abused with the words relating to their caste and assaulted by an iron rule on their backs. Both of them sustained injuri













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