ISHWAR PRATAP SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Leave granted.

(2.) The appellants are aggrieved by the order dated 22.07.2015 passed in Crl. Misc. Petition No.1392 of 2008 by the High Court of Judicature at Allahabad, Lucknow Bench. The High Court declined to exercise its jurisdiction under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "CrPC") on a prayer made by the appellants for quashing the Supplementary Report filed under Section 173 of CrPC. dated 26.04.2007 by the Investigating Officer. It is stated in the Report itself that the charges are added at the instance of the National Commission for Scheduled Castes (hereinafter referred to as "the Commission"). The Report, to the extent relevant, reads as follows:-

(3.) Background: The Respondent No. 2/ complainant lodged an NCR bearing no. 96/04 dated 25.07.2004 against the appellants at P.S Motiganj, District Gonda for offences under Sections 323, 504 and 506 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC"). In the first chargesheet dated 21.09.2004 filed by the Police before the Chief Judicial Magistrate, Gonda the appellants were charged under Sections 323, 504 and 506 of the IPC. It is the case of the appellants that more than two years after the first chargesheet was filed, the Respondent No. 2 made a complaint dated 03.12.2006 before the Commission. It appears that within three days, by letter dated 06.12.2006, the Commission requested for the addition of Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act. The direction issued by the Commission reads as follows:-