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2020 Supreme(SC) 653

Hitesh Verma – Appellant
Versus
State of Uttarakhand – Respondent


Advocate Appeared:
For the Appellant :Mr. Ayush Negi, Advocate
For the Respondent:Mr. Atul Sharma, Mr. Rahul Sharma, Mr. Kapil Pant, Advocates

Judgement Key Points

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JUDGMENT :

HEMANT GUPTA, J.

1. The challenge in the present appeal is to an order passed by the High Court of Uttarakhand at Nainital on 20.7.2020 whereby the petition filed by the appellant under Section 482 of the Code of Criminal Procedure, 19731 [For short, the 'Code'] for quashing the charge-sheet as well as the summoning order dated 25.6.2020 was dismissed.

2. The FIR No. 173 in question was lodged by the respondent No. 2 on 11.12.2019 at 23:24 hours in respect of an incident alleged to have occurred on 10.12.2019 at 10:00 hours against the appellants and others. The FIR was lodged for the offences under Sections 452, 504, 506 and Section 3(1)(x) and 3(1)(e) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 2 [For short, "the Act"]. The said FIR, when translated, reads as under:

    "Respected SHO with respect of registering of FIR, the complainant is presently resident of Gram New Bajeti Patti Chandak Tehsil & District Pithoragarh. I am constructing my house on my Khet No. 6195, 6196 & 6199 but Banshilal, Pyarelal S/o Late Har Lal, Hitesh Verma S/o Sh. Pyarelal, Pawan Verma S/o Banshilal, Uma Verma w/o Pyarelal and their Nepali Domestic help Raju


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