PREM NARAYAN Vs. STATE OF U P

JUDGEMENT

(1.) BY means of the present petition under section 482 Code of Criminal Procedure (For short Cr.P.C.), the petitioners have prayed for quashing of the charge -sheet dated 12.4.1993 arising out of NCR No. 270 of 1992 under sections 3 (1) (X) S.C./S.T.Act, P.S. Harpalpur, District Hardoi filed in Case No. 853 of 2007 and also the present proceedings of Case No. 540 of 2007 State Vs. Prem Narayan and another, pending in the court of Judicial Magistrate -I, Hardoi.

(2.) BRIEF facts for deciding this petition are that when opposite party no. 2 Smt. Somwati (complainant) on 16.11.1992 at about 10.00 a.m. was going outside the door carrying dung, the accused petitioners intervened and abused her in filthy language. On protest, she was dragged and beaten with stick by the accused petitioners. On the same day, she lodged a Non Cognizable Report (NCR) in case crime no. NIL under sections 323 and 504 IPC, P.S. Harpalpur, District Hardoi. The police after investigation of the case submitted a charge -sheet under the aforesaid sections against petitioners. The learned Magistrate took cognizance. The trial proceeded and ended in acquittal on 1.9.2004 (Annexure no. 1 to this petition).

(3.) AFTER submission of charge -sheet under sections 323/504 IPC an additional charge -sheet was filed under section 3(1) (X) S.C./S.T. Act on 12.4.1993 but it remained unnoticed for almost 14 years and the court took cognizance on 1.8.2007. This order of cognizance and proceeding in pursuance of this order were sought to quashed.