STATE OF M.P. Vs. HADI KHAN

JUDGEMENT

(1.) HEARD on admission.

(2.) THE petitioner/state has filed this criminal revision under section 397 read with section 401 of the Cr.P.C. being aggrieved by the order dated 16th October, 2008 passed by the Court of Special Judge (SC ST Act), Guna in Special Sessions Trial No. 109 of 2006 discharging the respondents from the offence punishable under section 3(1)(viii) of Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act (hereinafter would be referred as to 'the Act').

(3.) LEARNED counsel for the petitioner/state submits that the finding recorded by the learned trial court discharging the accused under section 3(1)(viii) of the Act are not based on proper approach. Hence, the counsel prayed for setting aside the impugned order and directing the trial court for framing the charge for the aforesaid offence. The offence under Section 3(1)(viii) of the Act reads as under: