PINTU SINGH AND ANOTHER Vs. STATE OF U P AND ANOTHER
LAWS(ALL)-2016-1-294
HIGH COURT OF ALLAHABAD
Decided on January 08,2016

Pintu Singh And Another Appellant
VERSUS
State Of U P And Another Respondents

JUDGEMENT

- (1.) Heard learned counsel for the revisionists and learned AGA for the State as well as learned counsel for the opposite party no.2 and perused the record.
(2.) This criminal revision is directed against the judgment and order dated 8.10.2015 passed by Addl. Sessions Judge, Court No.2, Ballia in criminal revision no.100 of 2014 (Dharamnath Prasad Vs. State of U.P.) whereby the revisional court while allowing the aforesaid revision dismissed the order dated 17.4.2014 passed by the Judicial Magistrate-I, Ballia in case no.3 of 2013 (Dharamnath Prasad Vs. Pintu Singh and others) under sections 323, 504, 506, 379 IPC, P.S. Sahatawar, District Ballia.
(3.) Submission of the learned counsel for the revisionists is that the complainant does not belong to scheduled caste. The revisional court in the order dated 8.10.2015 has illegally observed that a prima facie case regarding constitution of offence under section 3 (1) (x) SC/ST (Prevention of Atrocities) Act is also made out against the revisionists and has illegally allowed the revision setting aside the order passed by the Magistrate concerned on 17.4.2014. Referring to the letter annexed with the revision, an information gathered through the Right to Information Act and also the evidence recorded under section 244 Cr.P.C., prayer was made that findings recorded by the revisional court are perverse and illegal.;


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