The State of M.P. Vs. Ramadhar and ors.

The State of M.P. vs Ramadhar and ors.

Type Court Judgment Court Madhya Pradesh Decided Feb 28, 2013

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Citation: sooperkanoon.com/1053093
Court: Madhya Pradesh High Court
Decided On: Feb 28, 2013
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

The State of M.P.

Respondent

Ramadhar and ors.

Excerpt

.....passed by the learned special judge under sc/st (prevention of atrocities) act, hoshangabad in special case no.373/2001, whereby the case was sent under section 228 of the cr.p.c.to the chief judicial magistrate for trial because no charge of offence punishable under section 3 (1) (x) of sc/st (prevention of atrocities) act was made out. the prosecution's case, in short, is that, on 5.8.2001, the complainant mahesh basore and his companions went with a band to the village kodarwara within the jurisdiction of district hoshangabad. they were making their performance at that time but, at about 6 p.m.in the evening, a quarrel took place between two parties and therefore, the complainant stopped their performance. therefore, the accused persons directed them to continue with the band performance but, the complainant did not comply crr no.531/2002 and therefore, they assaulted the complainant and his companions and also abused them on the basis of the filthy abuses and words dependant upon their caste. after considering the submissions made by learned panel lawyer for the state, it appears that a quarrel took place due to not performance of band done by the complainant. it was not dependant upon the basis of the caste of the victims.if there was hatred due to caste then, the complainant would not have been called for making performance of the band. by calling a person by name of the caste, does not constitute the offence under section 3 (1) (x) of sc/st (prevention of atrocities) act and therefore, the learned special judge has rightly held that no offence under section 3 (1) (x) of sc/st (prevention of atrocities) act was made out against the applicants. there is no basis by which the present revision can be accepted. consequently, the present revision filed by the state is hereby dismissed. a copy of the order be sent to the trial court alongwith its record for information and to proceed with the trial. (n.k.gupta) judge pushpendra

Full Judgment

CRR No.531/2002 Criminal Revision No.531/2002 28.2.2013 Shri Ajay Tamrakar, Panel Lawyer for the State/applicant.

None for the respondent.

Heard the learned counsel Panel Lawyer for the State.

The State has challenged the order dated 30.1.2002 passed by the learned Special Judge under SC/ST (Prevention of Atrocities) Act, Hoshangabad in special case No.373/2001, whereby the case was sent under section 228 of the Cr.P.C.to the Chief Judicial Magistrate for trial because no charge of offence punishable under section 3 (1) (x) of SC/ST (Prevention of Atrocities) Act was made out.

The prosecution's case, in short, is that, on 5.8.2001, the complainant Mahesh Basore and his companions went with a band to the village Kodarwara within the jurisdiction of District Hoshangabad.

They were making their performance at that time but, at about 6 p.m.in the evening, a quarrel took place between two parties and therefore, the complainant stopped their performance.

Therefore, the accused persons directed them to continue with the band performance but, the complainant did not comply CRR No.531/2002 and therefore, they assaulted the complainant and his companions and also abused them on the basis of the filthy abuses and words dependant upon their caste.

After considering the submissions made by learned Panel Lawyer for the State, it appears that a quarrel took place due to not performance of band done by the complainant.

It was not dependant upon the basis of the caste of the victiMs.If there was hatred due to caste then, the complainant would not have been called for making performance of the band.

By calling a person by name of the caste, does not constitute the offence under section 3 (1) (x) of SC/ST (Prevention of Atrocities) Act and therefore, the learned special Judge has rightly held that no offence under section 3 (1) (x) of SC/ST (Prevention of Atrocities) Act was made out against the applicants.

There is no basis by which the present revision can be accepted.

Consequently, the present revision filed by the State is hereby dismissed.

A copy of the order be sent to the trial Court alongwith its record for information and to proceed with the trial.

(N.K.GUPTA) JUDGE Pushpendra

Same Court & Year Madhya Pradesh · 2013 Same Parties The State of M.P. vs Ramadhar and ors. Same Subject Education