LAWS(MPH)-2007-11-36

SURENDRA KAURAV Vs. STATE OF M P

Decided On November 20, 2007
SURENDRA KAURAV Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) APPLICANTS have filed this revision against the order dated 22-6-2007 passed by the Special Judge (Atrocities), Narsinghpur, in Special case N. 41/2007, framing charge against them under Section 3 (1) (x) of the scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, beside other charges.

(2.) LEARNED Counsel for the applicants does not challenge framing of other charges under the provisions of the Indian Penal Code.

(3.) LEARNED Counsel for the applicants submits that, on the basis of allegations made in the First Information Report and statements of prosecution witnesses recorded under Section 161 of the Code of Criminal Procedure, no offence under Section 3 (1) (x) of the SC and ST (Prevention of Atrocities) Act is made out. The incident of "marpeet" and abusing had not occurred because of the complainant being a member of the Scheduled Caste, as such Trial Court committed error in framing charge under the provisions of the Atrocities Act.