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2009 Supreme(MP) 869

INDRANI DATTA
Gaurishankar – Appellant
Versus
State of M. P. – Respondent


Advocates:
Anshu Gupta for petitioners; B.D. Mahore, Public Prosecutor for State.

ORDER

1. The petitioners have filed this petition under Section 482 CrPC for quashing the FIR registered in connection with Crime No.6/09 at Police Station ligna District Datia.

2. As per petition, respondent No.2 complainant Dayal has lodged FIR against the petitioners alleging that on 22.2.09 complainant was returning to his home. In the way, present petitioners restrained him and abused him, called him Chamrawale and thereafter started beating him and threatened him to kill. Wife of complainant reached on spot and tried to rescue complainant, then petitioners also assaulted her. On this report lodged by complainant vide Crime No. 6/09, offence punishable under Section 323,294,506-B, 341/34 IPC and Section 3 (1) (x) of the SCST (Prevention of Atrocities) Act was registered against the present petitioners and in that crime police is trying to arrest present petitioners.

3. It is contended on behalf of the petitioners that the impugned FIR and entire proceedings are illegal, arbitrary and contrary to law and liable to be quashed. Prima facie, no case under Section 3 (1) (x) of SCST Act is made out against the present petitioners as it is not evident that petitioners uttered the





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