SATENDRA KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of the present C-482 application, applicants have put to challenge the FI R dtd. 15/10/2019, charge-sheet dtd. 17/12/2019 and Special Sessions Trial No. 02 of 2020 (Case Crime No. 593 of 2019), under Ss. 323, 504, 506, 427 I PC and Sec. 3(1) (Da) (Dha) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as ('SC/ ST Act'), 'State Vs. Satendra Kumar and Others', pending in the Court of District and Sessions Judge, Haridwar.

(2.) Brief facts of the case are that respondent no. 2 lodged an FI R with the averments that he has a shop, named as Shri Balaji Cement and Sanitary Store which is situated at GT Road, Manglaur. I n the morning at about 9.30, when his brother-in-law- namely, Billu Arya opened the shop, present applicants along with some 10-12 unknown persons cam e to his shop and began to hurl fill the abuses; they also used caste indicative words with a further threat to kill. The accused were arm ed with sharp edged weapons by which they sabotaged the shop of respondent no. 2 and also took away Rs.11,300.00 - and other valuable articles.

(3.) After investigation, the charge-sheet was submitted by the police against the applicants on 17/12/2019. Since it was a case related to SC/ ST Act, the learned Sessions Judge took cognizance on chargesheet and summoned the applicants on 9/1/2020 to face the trial.