LAWS(CHH)-2014-7-50

M G SHYAMKUNWAR Vs. STATE OF C G

Decided On July 03, 2014
M G Shyamkunwar Appellant
V/S
State Of C G Respondents

JUDGEMENT

(1.) Impugning the legality, validity and correctness of order dated 11.04.2013, this instant revision has been filed by the petitioner herein questioning the framing of the charge against him for the offence punishable under Section 3(1)(xi) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. The core facts required for judging the correctness of the impugned order are as under:--

(2.) It is pertinent to mention here that the petitioner and co-accused Vijay Das were subjected to two separate charge-sheet. Special Session Case No. 16/2010 was registered as State of Chhattisgarh Vs. M.G. Shyamkunwar against petitioner, whereas against the co-accused Vijay Das, Session Case No. 17/2010 has been registered as State of Chhattisgarh Vs. Vijay Das.

(3.) The question of framing charges against the present petitioner and co-accused Vijay Das considered by the Special Session Judge on 11.04.2013 and upon considering, the Special Session' Judge found sufficient grounds for proceeding under Section 509/34 of Indian Penal Code & 3(1)(xi) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the petitioner/accused as well as co-accused Vijay Das and separately charges were framed against the petitioner/accused and co-accused Vijay Das. Against this impugned order, this revision has been filed by the petitioner/accused.