RATIBHAN 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 applicants by llnd Addi tional Sessions Judge, Moradabad on 18-12-98. The charges have been framed for the offences under Sections 147, 148, 302 and 149, 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 char ges 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 2nd Additional Sessions Judge, Moradabad without any evidence. The revision is, therefore, fit to be allowed to this extent only.