SANTOSH PATIDAR Vs. STATE OF M.P.

JUDGEMENT

(1.) The appellant- Santosh Patidar has filed criminal appeal under Section 14 (A) (1) of the Schedule Caste and Scheduled Tribes (Prevention of Atrocities) Act,1989 (for short 'SC/ST Act) against the order dated 06.08.2018 passed by learned Special Judge, SC/ST (PA) Act, Ratlam, District Ratalm (hereinafter referred to as the Trial Court) in Special Case No. 11/2018, whereby charges has been framed against the accused- for offence punishable under Section 305 IPC and Section 3(2)(v) of the SC and ST Act (Prevention of Atrocities) Act, 1989.

(2.) Brief facts of the case are that on 18.01.2018, a merge intimation No.02/2018 under Section 174 of Cr.P.C. was recorded regarding the unnatural death of Vikas. During enquiry, it was found that applicant made the allegation of theft, on account of which Vikas committed suicide. On that basis offence under Section under Section 305 IPC and Section 3(2)(v) of the SC and ST Act (Prevention of Atrocities) Act, 1989 was registered against the applicant. He was arrested on 22.01.2018 and after completion of the investigation, charge-sheet has been filed.

(3.) The trial court vide order dated 06.08.2018 framed charges against the applicant for commission of offence punishable under Section 305 IPC and Section 3(2)(v) of the SC and ST Act (Prevention of Atrocities) Act, 1989 . The applicant has filed this petition for quashing of the charge.