UMESH LAL YADAV Vs. STATE

JUDGEMENT

(1.) HEARD learned counsel for the petitioners and the opposite parties.

(2.) IN this application the order dated 31.1.2000 has been challenged on the ground that the learned Special Judge, S.T./S.C. Act has rejected the prayer of the petitioners for discharge merely on the ground that the statements of witnesses recorded under Section 164 of the Cr.P.C. makes out a case for proceeding against the petitioners.

(3.) FROM the allegation made in the F.I.R. it appears that on a complaint being filed, the matter was sent to the Police for instituting a case under section 156(3) of the Cr.P.C. and on completion of the same, Police submitted chargesheet under Sections 436, 323, 149 of the Indian Penal Code read with Section 3(2)(v) of the SC & ST Act. Thereafter, the petitioners have filed a petition for discharge but the learned Special Judge has refused to do so as observed earlier.