SUDHIR GUPTA Vs. STATE OF M P

JUDGEMENT

(1.) THE instant petition has been filed for setting aside the Criminal Case No. 654/05 pending in the Court of JMFC, Gwalior. During the course of arguments, the following facts have not been disputed by both the parties : That, complaint (Annexure P -2) dated 30.5.2005 was filed by respondent No. 2 against the petitioners in the Court of Judicial Magistrate, First Class, Gwalior. During the course of inquiry, statements of complainant, Shy am Babu and his witnesses Ramhet Katare and Pradeep Were recorded. Thereafter, vide order dated 10.8.2005, the learned Magistrate took cognizance against the petitioners for the offence punishable under section 504 of IPC and 3 (I) (x) of SCST (Prevention of Atrocities) Act (hereinafter referred to as 'the Act'). Feeling aggrieved by this order, this petition has been filed on behalf of the petitioners.

(2.) DURING the course of arguments, Shri Gupta, the learned counsel appearing on behalf of the petitioners, has submitted that neither in the complaint nor in the statements, any where it is mentioned that, as to what is the caste of respondent No. 2. Hence, the cognizance u/s. 3 (1) (x) of the Act is not made out. He also submits that this petition under section 482 of CrPC is maintainable. He has drawn the attention on the following judgments in his favour :

(3.) DURING the course of arguments, Shri Gupta has challenged the impugned order with regard to the offence punishable under section 3 (I) (x) of the Act only. Nothing has been pressed about the offence punishable under section 504 of IPC.