SANWANT KUMAR JAIN Vs. STATE OF UTTARANCHAL & ORS.
LAWS(UTN)-2001-11-4
HIGH COURT OF UTTARAKHAND
Decided on November 02,2001

Sanwant Kumar Jain Appellant
VERSUS
State of Uttaranchal And Ors. Respondents

JUDGEMENT

P.C.VERMA, J. - (1.)THIS petition under Section 482 of the Code of Criminal Pro­cedure has been filed by the petitioner to quash the charge-sheet filed by the police under Sections 3 (X), (XV), of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act and Sections 147, 452, 504 and 506 IPC. FIR was lodged on the complaint filed under Section 156 (3) Cri. P. C. investigation on this complaint was ordered by the Magistrate.
(2.)THE Magistrate has to yet apply his mind on the charge-sheet submitted by the police. He shall apply his mind on the charge-sheet submitted by the police and in case he finds that the charge-sheet is based on no material, he may drop the proceedings. In case, prima facie case is made out, Magistrate shall proceed ac­cording to law and shall frame charge against the petitioner. The Magistrate shall also consider the application for bail moved by the applicant on the same day.
With the above observation, the petition is finally disposed of.

(3.)HOWEVER , any observation made in this order shall not be taken to be bind­ing.
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