SUSHEEL PRASAD KALA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Since both these applications u/s 482 Cr.P.C. have been filed by the applicants against the same charge sheet and Criminal Case No.2331 of 2005, hence, both these applications are being disposed of by this one and common order.

(2.) By means of these applications, moved under Section 482 of The Code of Criminal Procedure, 1973 (for short, Cr.P.C.), the petitioners/applicants have sought quashing of the charge sheet as well as quashing of proceedings in Criminal Case No.2331 of 2005, State v. Kamla Dutt and others, relating to offences punishable under Sections 506 and 504 of The Indian Penal Code, 1860 (for short, IPC) and Section 3(1)(x) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, the Act). Heard learned counsel for the parties and perused the affidavit and counter affidavit.

(3.) Brief facts of the case are that respondent no.4 Sri Raghunath Lal Arya lodged a report at P.S. Raipur, District Dehradun against the applicants alleging therein that applicants abuses them and utters caste indicating words against them. After lodging of the FIR, the matter was investigated and on completion of investigation, the I.O. filed the charge sheet against the applicants in the court u/Ss 504/506 of IPC and Sect. 3(1)(x) of the Act, on the basis of which, learned Judicial Magistrate, C.B.I., Dehradun, took the cognizance of offence and summoned the applicants. Against the said charge sheet and the criminal proceedings, the applicants have preferred the application u/s 482 Cr.P.C. before this Court.