MUNNI DEVI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The challenge in this petition is made to proceedings of Special Session Trial No. 280 of 2021, Dwijesh Kumar and others vs. State of Uttarakhand under Ss. 504 and 506 IPC, and Sec. 3 (1) (r) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, "the Act") pending in the court of Special Sessions Judge, Udham Singh Nagar, District Udham Singh Nagar.

(2.) Facts necessary to appreciate the controversy briefly stated are as follows:- Respondent no.3 (the informant) and Dwijesh Kumar, befriended in the year 2012. One day Dwijesh Kumar established physical relation with the informant under the pretext of marriage. Their relation continued. In the year 2020, Dwijesh Kumar was appointed as Assistant Professor in a college. The informant insisted for marriage, but Dwijesh Kumar kept on assuring her. On 7/3/2021, the informant and her family members visited the house of Dwijesh Kumar where they met the petitioners and other family members. The petitioners and their family members abused the informant and her family members with the caste coloured remarks and denied for the marriage between Dwijesh Kumar and the informant. On 9/3/2021, the informant along with her brothers visited Gangolihat, where Dwijesh Kumar was working, but Dwijesh Kumar also abused them and did not entertain them. Based on these allegations, the informant lodged First Information Report on 13/3/2021 at Police Station Kichcha, under Sec. 376, 504, 506 read with Sec. 3 (1) (r) of the Act. The matter was investigated and after investigation the charge sheet under Ss. 504, 506 IPC and Sec. 3 (1) (r) of the Act has been submitted against the petitioners. Cognizance was taken and the proceedings of the case instituted. It is impugned herein.

(3.) Heard learned counsel for the parties and perused the record.