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2017 Supreme(Online)(MP) 430

HIGH COURT OF MADHYA PRADESH
Sheel Nagu, J
Gurubachan Singh – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates:
For the Appellants/Petitioners: Ankit Saxena
For the Respondents: R.K.Awasthi

Table of Content
1. introduction to the case and framing of charges. (Para 1 , 2 , 3)
2. challenge to the charge by the appellants. (Para 4 , 5)
3. court's review of the fir and statutory provisions. (Para 6 , 7)
4. conclusion regarding the maintainability of the appeal. (Para 9 , 10)

Sheel Nagu, J.

1. The instant Criminal Appeal filed u/S. 14-A(2) of the SC &

ST Act assails the order dated 11/7/2016 passed by the Special Judge (Atrocities), Gwalior (M.P.), framing charges against the appellants for commission of offences punishable u/Ss. 294, 452/34, 323/34, 506-B of I.P.C. and Secs. 3(1)(x) and 3(2)(v) of the SC & ST Act.

2. Learned counsel for the appellants for the purpose of challenge raised herein restricts his argument to the framing of charge punishable u/S. 3(1)(x) of the Act.

3. Brief facts giving rise to the present case are that on 16/2/2016, a written complaint was lodged by respondent No.2 with police that when he was working in Sunil Tyre Shop near Sanatan Dharma Mandir road, the owner of Jyoti Tyre shop, i.e. the appellants Rajesn Chhabra and Guruvachan Singh entered the shop and abused the respondent No.2 and threatened him of dire consequences of death to leave the shop.

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