GIRDHARILAL CHAUDHARY Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned order 12.05.2014 passed by Special Judge, Raigarh in Special Case No. 32/2011, the petitioners/accused, who are facing trial for the offences under Sections 294, 506-part II, 323/34 and 325/34 of the Indian Penal Code (henceforth 'IPC')and Section 3(1)(x) of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act,1989 (henceforth 'the Act, 1989'), have preferred this revision under Section 397 read with Section 401 of the Code of Criminal Procedure (henceforth 'the Code') whereby their application under Sections 320(2) of the Code (henceforth 'the Code') has been rejected in part.

(2.) The Core facts necessary for judging the correctness of the order states as under:-

(3.) Shri Roop Naik, learned counsel appearing on behalf of the petitioners would submit that the offence under Section 3(1)(x) of the Act, 1989 read with Section 325/24 of the Indian Penal Code are compoundable with the permission of the Court under Section 320(2) of the Code and, therefore, the learned Special Judge (Atrocity) has committed manifest illegality in partly rejecting the application and as such, the part of the order, by which the Special Judge has not permitted to compound the offences under Section 3(1)(x) of the Act, 1989 and 325/34 of IPC, deserves to be set aside.