- (1.) The present application under Section 482 CrPC has been filed with the prayer to quash the entire proceedings including order dated 28.8.2015 in case crime no. 215 of 2014 under Sections 302, 307/34 IPC and 3(2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short 'SC/ST Act'), P.S. Sipri Bazar, Jhansi, District Jhansi pending in the court of Special Judge (SC/ST) Act, Jhansi arising out of S.T. No. 50 of 2014 against the applicant nos. 1 and 2. Further prayer has been made to stay the further proceedings of the aforesaid Session Trial.
(2.) Heard Shri V.S. Singh, learned counsel for the applicants and the learned AGA appearing for the State and perused the record.
(3.) It was submitted by the learned counsel for the applicants that offence under Sections 3(2)(v) SC/ST Act is not attracted in the present matter against the applicant nos. 1 and 2. The deceased died due to negligence on the part of doctors. In the matter, initially a First Information Report was lodged under Section 307 IPC and later on it was converted into the offence under Sections 302 IPC and 3(2) (v) SC/ST Act. In support of his submissions, learned counsel for the applicants placed reliance on the decision of the Apex Court in Ramdas vs. State of Maharashtra, Laws (SC) 2006-11-161.;