DEEPAK RAGHUVANSHI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This third criminal appeal u/S 14-A (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act assails the order dated 29/10/2018 passed by Special Judge SC and ST (Prevention of Atrocities) Act, District Ashok Nagar, whereby application preferred by the appellant u/S. 439 Cr.P.C. has been rejected. The first appeal was dismissed vide order dated 20/12/2018 passed in CRA No. 9450/2018 and second appeal was dismissed as withdrawn vide order dated 23/01/2019 passed in CRA No.385/2019.

(2.) The appellant has been arrested by Police Station-AJK, District-Ashok Nagar in connection with Crime No.57/2017 registered in relation to the offences punishable under Sections 302, 34 of the IPC and Sections 3(2)(V) of the Act.

(3.) Prosecution story, in short, is that on 01/10/2017, the complainant-Lalu Ahirwar lodged the FIR to the effect that his brother Mukundi (deceased) had gone to take the tractor of Kallu Raghuvanshi to cultivate his field. When Mukundi (deceased) did not return back, his family members called him but phone was not picked up by him.