JOSEPH D. BHOSLE Vs. STATE OF M.P.

JUDGEMENT

(1.) This is a petition filed under Section 482 of Code of Criminal Procedure 1973, with a prayer for expunging the remarks and for quashment of the direction for investigation, as passed against the petitioner by the learned Special Judge, Rewa, in Special Case No.03/2005 in the judgment and order pronounced by him on 22-03-2006.

(2.) Brief history of the case relevant for deciding this petition are mentioned herein below.

(3.) After having gone through the challan papers prepared by the petitioner, the then SDO (P) Shri S.P. Dwivedi made a remark in the 'Kafiat Column' of charge sheet (Ex. P-29) that deceased Shivlal belonged to scheduled caste, thus charge under Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the Act) be also added.