NIRMAL KANT SHUKLA Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THE challenge, by way of this criminal miscellaneous application, moved Under Section 482 Code of Criminal Procedure is to the order of cognizance dated 9.12.2004 passed by learned Sessions Judge, U.S. Nagar in S.T. No. 346 of 2002 Under Section 319 Code of Criminal Procedure whereby the applicants Nirmal Kant Shukla and Dr. Mahendra Singh have been summoned to face trial for the offence of Sections 186/120B/420/191/504/506 IPC r/w Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes {Prevention of Atrocities} Act, 1989.

(2.) THE facts, in short are that Sri Harak Singh Rawat was posted in 2002 as Tehsildar Sitarganj. While Sri Nirmal Kumar Shukla is a local correspondent of daily newspaper Amar Ujala having his office at Khatima (District Headquarter) and his job was to collect news, edit and sending the same for publication in the newspaper, Dr. Mahendra Singh was a provincial medical services doctor posted in Primary Health Center, Sitarganj.

(3.) THE investigation was conducted by the Deputy S.P. Rank Officer who submitted a chargesheet in the court against Sri Jageer, Salim Khan and Jaswant Singh, while no offence was prima facilely found to be made out against the applicants.