UMADAPA MITRA & ORS Vs. STATE OF WEST BENGAL
LAWS(CAL)-2001-10-60
HIGH COURT OF CALCUTTA
Decided on October 18,2001

Umadapa Mitra And Ors Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

- (1.) The present revisional application is directed against an order dated 20.7.2001 passed by the learned Additional Sessions Judge, 3rd Court, Bankura in Sessions Case No. 6(11) of 1996.
(2.) On completion of investigation of Chatna P.S. Case No. 3 of 1994, police submitted a charge-sheet against the present petitioners before the learned Sub-Divisional Judicial Magistrate under Section 354/376/498/506/109/34 of the Indian Penal Code. The learned Magistrate committed the case to the Court of learned Sessions Judge, Bankura, who transferred the case to the Court of learned Additional Sessions Judge, Bankura. The learned trial Judge framed charges against the petitioner and fixed dates for evidence.
(3.) On the date so fixed by the learned trial Judge, a petition was filed on behalf of the prosecution stating that the victim ladies belonged to schedule caste community and as such separate charge under Section 3 of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989, (hereinafter referred to as "the said Act"), was required to be framed against the accused persons. It was prayed that since the case was Triable by the Special Court according to the provision of Section 14 of the said act, a report should be called for from the investigating officer to ascertain whether the victim belonged to schedule caste community or not.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.