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2015 DIGILAW 241 (UTT)

MANGLI @ SOMPAL v. STATE OF UTTARAKHAND

2015-05-15

SUDHANSHU DHULIA

body2015
JUDGMENT : Hon’ble Sudhanshu Dhulia, J. (Oral) 1. The applicants preferred the present application for quashing the summoning order dated 20.12.2011 as well as quashing of the chargesheet No. 231 of 2011 filed in F.I.R. No. 259 of 2011, under Sections 323/504 of I.P.C. and Section 3(1)(X) SC and S.T. (Prevention of Atrocities) Act lodged at Police Station Kichha, District Udham Singh Nagar. 2. As far as Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act is concerned, the application itself is in doubt, as per the averments in the First Information Report that she was beaten by her brother and sister-in-law, who also belongs to the Scheduled Caste community. Moreover, the complainant herself given a statement before this Court in WPCRL No. 961 of 2011 that she does not want to prosecute the present applicants. 3. Considering the aforesaid circumstance, let the applicants be present before the learned Magistrate concerned, who shall decide the matter expeditiously. It is further requested to the learned Magistrate that considering the nature of offence he shall decide the bail application of the applicants on the same day, and in case of any reason the matter is adjourned, he shall consider granting for interim bail to the applicants on the same day. 4. With the aforesaid direction, the application under Section 482 Cr.P.C. stands disposed.