C482/455/2023
2023 Latest Caselaw 1256 UK

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                                  C482 No. 455 of 2023
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. Amit Kapri, Advocate, for the applicant. Mr. Tumul Nainwal, Brief Holder, for the State of Uttarakhand.

Mr. Shubhr Rastogi, Advocate, for respondent No.3.

The respondent No.3, who was noticed under Section 15A (5) of the S.C. & S.T. Act, has put in appearance through Mr. Shubhr Rastogi, Advocate.

He prays for, that he may be permitted to file counter affidavit to the C482 Application.

He may do so within a period of three weeks. Having heard the learned counsel for the applicant, and having gone through the records, the FIR apparently does not make out any offence under the provisions of S.C. & S.T. Act, nor it satisfy the principle laid down by the Hon'ble Apex Court in a judgment as reported in (2008) 12 SCC 531, Gorige Pentaiah Vs. State of A.P. and others.

In that eventuality, the applicant would be permitted to file an appropriate adjournment application in the proceedings of Special Sessions Trial No.64 of 2022, State Vs. Hemant Chandola, pending consideration before the Special Sessions Judge Pithoragarh, District Pithoragarh, and if he does so, his adjournment application would be reasonably considered and granted by the learned Special Sessions Judge.

(Sharad Kumar Sharma, J.) Dated 04.05.2023 Shiv