RAMLAKHAN GUPTA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This revision has been preferred by the applicant Ramlakhan Gupta, being aggrieved by the order dated 26-9-2002 passed by learned Special Judge (Atrocities), Ambikapur, District Sarguja in Special Criminal Case No. 53/2002 by which the learned Special Judge has framed the charges under Section 374 of the Indian Penal Code and Section 3(1)(vi) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) I have heard learned Counsel for the parties.

(3.) Learned Counsel for the accused/applicant argued that OH the basis of statement of Jeethram, Maniyaro and other witnesses the offence under Section 3(1)(vi) Scheduled Castes and Scheduled Tribes Act is not prima facie made out. Even the learned Special Judge has framed the charges against the present accused/applicant without any evidence therefore, the revision may be allowed and the charges may be quashed. However, he very candidly conceded that as far as charge under Section 374, IPC is concerned he has no grievance against that.