MANNAWAR AND ANOTHER; SHAH ALAM AND NINE OTHERS Vs. STATE OF UTTARAKHAND AND ANOTHER
HIGH COURT OF UTTARAKHAND
Mannawar And Another; Shah Alam And Nine Others
State of Uttarakhand and another
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(1.) Since both these applications under Section 482 Cr.P.C. arise out of one charge-sheet and one cognizance order, therefore, they are being disposed of by common judgment and order for the sake of brevity and convenience.
(2.) A first information report was lodged by the informant (respondent no. 2) against 12 accused persons (applicants herein) on 16.03.2010 at 12:10 pm, which was registered as case crime no. 67 of 2010, under Sections 147, 224, 225, 353 IPC, and Section 3 (1) (X) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
After the investigation, a charge-sheet was submitted against all the accused persons named in the first information report for the selfsame offences. Cognizance was taken on the charge-sheet and the accused persons were summoned to face the trial for the offences complained of against them. Aggrieved against the same, the aforesaid applications under Section 482 Cr.P.C. were filed.
(3.) Reporter (respondent no. 2 herein) was collection amin and was posted at Bhagwan Pur, District Haridwar. On 16.03.2010, at 9:00 am, he along with other collection amins assembled at PS Roorkee (for realization of revenue). Three defaulters of bank loan sat in the vehicle of Tehsildar. He along with other collection amins proceeded for Tehsildar Roorkee along with defaulters in official vehicle. Accused persons, namely, Mannawar, Adil, Shah Alam, Wazid, Islam, Jamshed, Nafees, Hafij, Ahsan, Farman, Babu and Naushad used casteist remarks against him. Defaulters, namely, Khursheed Tehsin and Khalil made good their escape. Other accused persons facilitated their escape. They were allowed to go scot free and, therefore, the first information report under Sections 147, 224, 225, 353 IPC and Section 3 (1) (X) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 was lodged against them.;
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