Mragendra @ Monu Dhakad vs The State Of Madhya Pradesh
2023 Latest Caselaw 11041 MP

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               IN THE HIGH COURT OF MADHYA PRADESH
                                      AT GWALIOR
                                         BEFORE
         HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                             ON THE 17th OF JULY, 2023
                     CRIMINAL REVISION No.847 OF 2022
       Between:-

1.     MRAGENDRA @ MONU DHAKAD, S/O
       SEETARAM DHAKAD, AGED 30 YEARS,
       OCCUPATION: ADVOCATE, R/O VILLAGE
       SAHASRAM THANA, GASVANI DISTRICT-
       SHEOPUR, AT PRESENT R/O KIRAR COLONY
       KAMPOO, LASHKAR, GWALIOR (MADHYA
       PRADESH)

2.     SONU DHAKAD, S/O SHRI SEETARAM
       DHAKAD, AGED 35 YEARS, R/O VILLAGE
       SAHASRAM THANA, GASVANI DISTRICT-
       SHEOPUR AT PRESENT R/O KIRAR COLONY
       KAMPOO, LASHKAR, GWALIOR (MADHYA
       PRADESH)
                                                                        ........APPLICANTS

       (BY SHRI R.K. SHRIVASTAVA- ADVOCATE )

       AND

1.     STATE OF MADHYA PRADESH THROUGH
       POLICE    STATION    - GASWANI,
       DISTRICT-    SHEOPUR   (MADHYA
       PRADESH)

2.     VIRENDRA     SHAKYA,    S/O    SHRI
       SHIVNARAYAN SHAKYA, AGED 26 YEARS,
       OCCUPATION- LABOURER, R/O VILLAGE
       SAHASRAM,    TEHSIL-  VIJAYPUR,
       DISTRICT-   SHEOPUR    (MADHYA
       PRADESH)
                                                                     ........RESPONDENTS

    (SHRI PRAMOD                  PACHAURI-          PUBLIC        PROSECUTOR             FOR
RESPONDENT/STATE)
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        This revision coming on for hearing, this day, the Court passed the
following:
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                                    ORDER

This Criminal Revision has been preferred by the applicants under

Section 397 read with Section 401 of Cr.P.C. against the order dated

21/10/2021 passed by learned Special Judge of Scheduled Castes and

Scheduled Tribes (Prevention of Atrocities) Act, Sheopur, District- Sheopur

(M.P.) in Case No.41/2021(SCATR), whereby the charges have been framed

against the applicants for the offence under Sections 3(1)(r), 3(1)(s), 3(2)(va) of

the SC/ST Act.

2. Allegation against the applicants, in short, is that applicants intercepted

the tractor of the complainant and abused him by taking his caste name in

derisive manner and assaulted him by sticks, due to which, he sustained

injuries. After investigation, charge-sheet has been submitted. Thereafter,

charges were framed under Sections 3(1)(r), 3(1)(s), 3(2)(va) of the SC/ST Act

against the applicants. Applicants abjured their guilt.

3. Learned counsel for the applicants submits that applicants have been

falsely implicated in this case and they are not concerned with the case. It is

further submitted that applicants have called the complainant by his caste name

which does not come in the category of SC/ST Act. He has relied upon the

judgment of this Court in the case of Anil Kumar Pandey Vs. Daulat Prasad

[2005 (4) M.P.L.J. 467] Hence, this Criminal Revision has been filed by the

applicants for setting-aside the impugned order of framing charges.

4. Learned counsel for the State vehemently opposed the submissions so

advanced by the applicants by submitting that at this stage no interference is

warranted.

5. Heard learned counsel for the parties and perused the record.

6. Considering totality of the facts and circumstances of the case and the

law laid down by this Court as cited above as well as the materials so collected

by the prosecution, this Court is of the considered view that no offence is made

out against the applicants. Accordingly, present criminal revision is allowed

and the impugned order dated 21/10/2021 passed by Special Judge of

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,

Sheopur, District- Sheopur (M.P.) in Case No.41/2021(SCATR) framing

charges under Sections 3(1)(r), 3(1)(s), 3(2)(va) of the SC/ST Act is hereby set-

aside. Applicants are discharged from the charges so levelled against them.

7. Accordingly, the instant Criminal Revision is allowed and disposed of.

(DEEPAK KUMAR AGARWAL) JUDGE

RAHUL Digitally signed by RAHUL SINGH PARIHAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH

rahul GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh,

SINGH 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676d 0cde4dee473fe77953f5, pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D4 87, serialNumber=0275C4F803F94C47998BE5C534E21BDED910F

PARIHAR D4AB9D159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2023.07.18 15:44:17 +05'30'