DALJIT SINGH @ CHINTU SALUJA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The revision is listed for hearing on admission. With the consent of Learned Counsel appearing for the parties, the matter is heard finally.

(2.) The revision has been preferred against the order dated 5.12.2017 passed by the Special Judge under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (henceforth 'the Act of 1989'), Baloda Bazar in Special Sessions Trial No.26 of 2017 framing charges against the accused/Applicants under Sections 148, 186/149, 332/149, 353/149 of the Indian Penal Code and Section 3(1)(r) of the Act of 1989.

(3.) It is alleged that on 19.4.2017 at about 4:00 p.m., on account of unnatural death of Nikku Saluja, some members of Sikh community made a procession to the office of S.D.M. Baloda Bazar to submit their resolution (memo) for a proper inquiry into the death of Nikku Saluja. It is further alleged that Complainant Ashutosh Banjare, who was a Traffic Constable, was on duty at Housing Board Tiraha (Trijunction). At the time of return of the procession, the accused/Applicants, shouting that the Complainant is one of the culprits who had issued challan to deceased Nikku Saluja, caught hold the Complainant, beat him with fists and hands and threatened him of his life. The Complainant rushed down at the police station, but the accused/Applicants also entered the premises of the police station and there they again beat him with hands, bricks and sticks and snatched his badge and torn his uniform. The matter was reported by the Complainant. After investigation, a charge-sheet was filed against the accused under Sections 147, 148, 149, 186, 332, 353 IPC and Section 3(2)(v) of the Act of 1989. Vide the impugned order dated 5.12.2017, charges were framed against the accused/Applicants under Sections 148, 186/149, 332/149, 353/149 of the Indian Penal Code and Section 3(1)(r) of the Act of 1989. Hence, this revision.