LAWS(UTN)-2011-5-169

CHAND KHAN S/O SHRI IBRAHIM Vs. STATE OF UTTARAKHAND THROUGH PRINCIPAL SECRETARY OF HOME, MAHIPAL AND GOVIND BOTH S/O SHRI BHAWANI CONTRACTOR

Decided On May 12, 2011
Chand Khan S/O Shri Ibrahim Appellant
V/S
State Of Uttarakhand Through Principal Secretary Of Home, Mahipal And Govind Both S/O Shri Bhawani Contractor Respondents

JUDGEMENT

(1.) HEARD .

(2.) BY means of this petition moved under Section 482 of Code of Criminal Procedure, 1973 (for short CrPC), the Petitioner has sought quashing of the order dated 12.03.2010, passed by Special Judge (S.C.S.T.P.A. Act), Dehradun, in Sessions Trial No. 26 of 1996, relating to offences punishable under Section 452, 323, 504, 376, 511 IPC, and one punishable under Section 3(i)(xi) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) (for short S.C. and S.T.P.A.) Act.

(3.) LEARNED Counsel for the Petitioner drew attention of this Court to the case of Kailas and Ors. v. State of Maharashtra : 2011 (1) UC 225 in which the Apex Court has held that on the hyper technical ground the acquittal cannot be recorded.