RUTIBHAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) B. K. Rathi, J. This revision has been preferred against framing of the char ges against the applicant by Ilnd Addi tional Sessions Judge, Moradabad on 13-12-98. The charges have been framed for the offence under Sections 147, 148, 302, and 307, I. P. C. and Section 3 (ii) (v) of S. C. /s. T. (Prevention of Atrocities) Act, 1989. The only grievance of the applicants is regarding the charge under Section 3 (ii) (v) of S. C. /s. T. (Prevention of Atrocities) Act; and framing of other charges has not been challenged before me.

(2.) I have heard Sri D. S. Mishra, learned counsel for the revisionists and Sri A. P. Srivastava and the learned A. G. A. for opposite party.

(3.) THERE is a complete absence of any evidence of commission of crime under Section 3 (ii) (v) of S. C. /s. T. Prevention of Atrocities Act, 1989. The charge for the offence has been framed by the learned Additional Sessions Judge, Moradabad without any evidence. The revision is, therefore, fit to be allowed to this extent only.