RAMPAL SINGH CHAUHAN AND ANOTHER Vs. STATE OF UTTARAKHAND AND OTHERS
HIGH COURT OF UTTARAKHAND
Rampal Singh Chauhan And Another
State of Uttarakhand and others
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(1.) The applicants, by means of present petition under Section 482 Cr.P.C., seek to quash:
(i) The charge-sheet dated 08.07.2011, submitted against the applicants under Sections 452, 323, 504 & 506 IPC and Section 3 (1) (X) of SC and SC Act, before the Court of learned Judicial Magistrate, Kashipur, District Udham Singh Nagar;
(ii) Summoning and cognizance order dated 23.08.2011 passed by learned Judicial Magistrate, Kashipur, District-Udham Singh Nagar, against the applicants for facing the trial under Sections 497, 498, 452, 323, 504 and 506 of IPC and Section 3 (1) X of S.C. & S.C. Act, so for it relates to the applicants; and
(iii) The entire proceedings of criminal case no. 486 of 2011 State vs. Anil Kumar and others under Sections 497, 498, 452, 323, 504 and 506 IPC and Section 3 (1) X of S.C. & S.T. Act, pending in the Court of Judicial Magistrate, Kashipur, District Udham Singh Nagar, so far it relates to the applicants.
(2.) Informant-Respondent no. 2 lodged an FIR against Anil Kumar Chauhan, Rampal Singh, Sunil Kumar and Smt. Sheela Devi on 08.07.2011 at PS Jaspur, which was registered as Case Crime No. 109 of 2011, Under Sections 366, 376, 452, 323, 504 & 506 and Section 3 (1) (X) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
(3.) After the investigation, a charge-sheet was filed against Anil Kumar, Rampal Singh and Sunil Kumar. The offences punishable under Sections 452, 323, 504 and 506 IPC and Section 3 (1) (X) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, were substantiated against the present applicants after the investigation. Aggrieved against the same, present application under Section 482 Cr.P.C. was moved by the applicants.;
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