PRAMOD PANDEY Vs. STATE OF U.P.

JUDGEMENT

(1.) Appellants-Accused have filed this appeal under Sec. 14A(1) Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 for setting aside the impugned order dtd. 21/9/2019 passed by the Special Judge (SC/ST Act), Deoria in Sessions Trial No. 50 of 2016; titled Raj Bahadur Chamar vs. Pramod Pandey, arising out of Case Crime No. 99 of 2012, under Ss. 323, 504, 506 IPC and 3(1)X Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station Lar, District Deoria, whereby their application under Sec. 245(2) Cr.P.C. for discharge has been dismissed.

(2.) The facts in brief leading to the appeal are that the opposite party no. 2-Raj Bahadur Chamar filed an application under Sec. 156(3) Cr.P.C. dtd. 1/12/2011 before the Judicial Magistrate, Deoria for registration of FIR and investigation, whereupon vide order dtd. 8/2/2012, a direction was issued and a Case Crime No. 99 of 2012 was registered against the accused persons (appellants) under Sec. 376, 511, 452, 504, 506 IPC and Sec. 3(1)X Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, at Police Station Lar, District Deoria. As per the allegations, on 29/3/2011, when the complainant left his house around 10:00 am for work in his agricultural fields, his wife Usha Devi was alone at home. The co-villagers of the complainant namely Pramod Pandey and Sandeep entered his house with an intention to do wrong act with his wife, and they gagged her mouth and attempted to undress her, but his wife shouted and gave them kick and fist blows, whereupon the accused fled away. Pursuant to the information given to the Police Station Lar, the place of occurrence was visited by the police officially.

(3.) On 1/4/2011 at around 5:30 pm, Pramod Pandey, Ashok Pandey both sons of Indrasan Pandey, Vinit @ Ankur Pandey s/o Pramod Pandey, Sandeep Pandey, Mukesh both sons of Ramesh Pandey, Anil s/o Jagarnath Pandey and Rupesh s/o Umesh Pandey entered the house of the complainant and started giving kicks, fists and sticks blows to his wife Usha Devi, and when the complainant intervened to save her, he too was given beatings. The complainant and his wife got themselves medically examined at Primary Health Centre, Lar, and also gave information to S.H.O. for registration of the case, but no action was taken upon his complaint, so, he filed the application.