RAM BABU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is a petition for special leave to appeal under Article 136 of the Constitution from the judgment and order passed by the High Court of Madhya Pradesh, Bench at Gwalior, in M.Cr.C. No. 2216 of 2006, dated 2.11.2006. We grant special leave and dispose of this appeal.

(2.) By the judgment and the order impugned, High Court under Section 482 of the Code of Criminal Procedure has quashed the complaint as also the summons issued to the accused persons (Respondents Nos. 2 and 3) by the Judicial Magistrate, First Class, Gohad, District Bhind.

(3.) The trial arose out of a private complaint filed by the complainant against the accused persons for offences under Section 420, 467, 471, 323, 506B and 120B of the Indian Penal Code and Section 3(2)(5) of the Scheduled Caste Scheduled Tribes Prohibition of Atrocities Act (herein after called the "S.C.S.T. Act"). The learned Judicial Magistrate First Class, Gohad, has taken cognizance and has issued summons against the accused persons.