LAWS(SC)-2020-11-17

HITESH VERMA Vs. STATE OF UTTARAKHAND

Decided On November 05, 2020
HITESH VERMA Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) The challenge in the present appeal is to an order passed by the High Court of Uttarakhand at Nainital on 20.7.2020 whereby the petition filed by the appellant under Section 482 of the Code of Criminal Procedure, 1973[1] for quashing the charge-sheet as well as the summoning order dated 25.6.2020 was dismissed.

(2.) The FIR No. 173 in question was lodged by the respondent No. 2 on 11.12.2019 at 23:24 hours in respect of an incident alleged to have occurred on 10.12.2019 at 10:00 hours against the appellants and others. The FIR was lodged for the offences under Sections 452, 504, 506 and Section 3(1)(x) and 3(1)(e) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989[2]. The said FIR, when translated, reads as under:

(3.) Pursuant to the FIR filed by Respondent No. 2, Police filed a report disclosing offences under Sections 504, 506 IPC and Section 3(1)(x) of the Act, cognizance for the same was taken by the Trial Court on 25.6.2020. It is the said order which was challenged along with the charge-sheet before the High Court, which was unsuccessful.