TaxTMI 
TaxTMI 
2017 (11) TMI 2037
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....Misc. Petition No. 1392 of 2008 by the High Court of Judicature at Allahabad, Lucknow Bench. The High Court declined to exercise its jurisdiction Under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "CrPC") on a prayer made by the Appellants for quashing the Supplementary Report filed Under Section 173 of Code of Criminal Procedure. dated 26.04.2007 by the Investigating Officer. It is stated in the Report itself that the charges are added at the instance of the National Commission for Scheduled Castes (hereinafter referred to as "the Commission"). The Report, to the extent relevant, reads as follows: It is most respectfully submitted that NCR No. 96/04 Under Section 323, 504, 506 Indian Penal Code was regi....
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.... Accused persons for their trial Under Section 323, 504, 506 Indian Penal Code and Section 3(1)(x) of the SC/ST (Prevention of Atrocities) Act. 3. Background: The Respondent No. 2/complainant lodged an NCR bearing No. 96/04 dated 25.07.2004 against the Appellants at P.S. Motiganj, District Gonda for offences Under Sections 323, 504 and 506 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC"). In the first chargesheet dated 21.09.2004 filed by the Police before the Chief Judicial Magistrate, Gonda the Appellants were charged Under Sections 323, 504 and 506 of the Indian Penal Code. It is the case of the Appellants that more than two years after the first chargesheet was filed, the Respondent No. 2 made a complaint dated 03.12.2....
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....aforementioned facts, you may add Section 3(1)(x) of the SC/ST (Prevention of Atrocities) Act, besides Section 323/504/506 Indian Penal Code, in the NCR No. 96/04 and submit supplementary charge sheet in the Court as well as a proposal to the competent authority thereby recommending grant of financial help to the victims. Please send the desired information along with action taken report/report on the proposed action to the undersigned at the earliest possible. Yours faithfully, Sd/- illegible (Dr. Dibakar Basak) Dy. Director & Head of the Office 4. Aggrieved, the Appellants filed a Writ Petition No. 2330 (M/B) of 2007 before the High Court. Vide order dated 13.04.2007, the High Court stayed the arrest of the Appellants. The order ....
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....etitioner states that no case Under Section 3(1)(x) of SC/ST Act is made out and in the supplementary charge sheet under this Section has been filed subsequently. I find no illegality in the charge sheet. The charges cannot be quashed in piecemeal. This petition is devoid of merit and it is, accordingly, dismissed. 6. Heard Mr. Vishwajit Singh, learned Counsel for the Appellants and Mr. Ratnakar Dash, learned senior Counsel appearing for Respondent No. 1/State. Though notice is served on Respondent No. 2, there is no appearance. 7. We do not think that any detailed discussion is warranted on the well-settled proposition that no external agency can dictate the course of investigation in a criminal case. It is within the exclusive jurisdi....
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....e land of he applicant. They assaulted the applicant, abused him with filthy language and threatened him saying that "if you speak further, we will kill you this time and throw your body". Names of the assaulters are as under: Bharat Singh, Eshwar Pratap Singh and Vishnu Pratap Singh sons of Angad Singh and Angad Singh s/o not known residents of village Kahova, post Dalpatpur, dist. Gonda. You are, therefore, requested to kindly register my report and take action against the guilty persons. I shall be grateful to you. Applicant. Ram Bahadur s/o Pherai, Scheduled Caste-Chamar, r/o Vill. Kahovi, post Dalpatpur, Gonda. Date: 25.7.04 at 6.00 pm. 8. From a perusal of the above it is clear that the ingredients Under Section 3(1)(x) hav....