SUBHASH AND ANOTHER Vs. RAJENDRA KUMAR
LAWS(UTN)-2013-6-159
HIGH COURT OF UTTARAKHAND
Decided on June 20,2013

Subhash And Another Appellant
VERSUS
RAJENDRA KUMAR Respondents

JUDGEMENT

- (1.) The applicants, by means of present application under Section 482 Cr.P.C., seek to quash the impugned order dated 09.07.2007, passed by learned District and Sessions Judge, Haridwar, whereby learned Court has allowed the Revision No. 268 of 2007, captioned as Rajendra Singh vs. State. A further prayer has been made to quash the complaint case no. 1688 of 2007 and summoning order dated 06.08.2007 passed by learned Chief Judicial Magistrate, Haridwar, in relation to offences punishable under Sections 323, 447, 504, 506 of IPC and Section 3 (1) (X) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the SC & ST Act, 1989').
(2.) A criminal complaint case was filed by Rajendra Kumar (respondent) against seven accused persons including the present applicants, in respect of offences punishable under Sections 323, 447, 504, 506 IPC and Section 3(1)(X) of SC & ST Act, 1989.
(3.) The statements under Sections 200 and 202 Cr.P.C. were recorded. The applicants and other accused were summoned to face the trial in respect of the offences punishable under Sections 323, 447, 504 and 506 IPC, vide order dated 11.06.2007. The complainant Rajendra Kumar filed a Revision. His grievance was as to why the accused persons were not summoned in respect of offence punishable under Section 3 (1) (X) of SC & ST Act, 1989 The said revision was disposed of by learned Sessions Judge, vide order dated 09.07.2007. The matter was remanded back to learned CJM, Haridwar, who was required to pass a fresh order after affording an opportunity to adduce the evidence in respect of the offence punishable under the Special Act. After complying with the directions of the learned Sessions Judge, Haridwar, learned CJM, Haridwar, vide order dated 06.08.2007 summoned the accused persons including the applicants to face trial in respect of offences punishable under Sections 323, 447, 504, 506 IPC and Section 3 (1) (X) of SC & ST Act, 1989 . Aggrieved against the impugned order dated 09.07.2007, present application under Section 482 Cr.P.C. was filed.;


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