RAJENDRA SINGH ALIAS VIKKY Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Since both these applications under Section 482 of Cr.P.C. have arisen out of same FIR, therefore, they are being decided by this common judgment and order, for the sake of brevity.

(2.) The applicants, by means of present applications / petitions under Section 482 of Cr.P.C., seek to set aside impugned charge-sheet dated 27.08.2010, as also the proceedings of criminal case no. 1166 of 2010, under Sections 323, 504, 506, 120B of IPC and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, pending in the Court of Chief Judicial Magistrate, Nainital.

(3.) An FIR was lodged by informant (respondent no. 3 herein) against two named accused persons (applicants herein) on 31.07.2010, for the offences punishable under Section 506 of IPC and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. After investigation, a charge-sheet was submitted against the applicants for the offences punishable under Sections 323, 504, 506, 120B of IPC and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Cognizance was taken by learned Magistrate on the said charge-sheet and the accused persons were summoned to face the trial. Feeling aggrieved against the same, present applications under Section 482 of Cr.P.C. were filed by the applicants.