Heard learned counsel for the revisionists.
Notice on behalf of the respondent no. 1 has been accepted by learned A.G.A, who prays for and is allowed four weeks time to file counter affidavit.
Issue notice to respondent no. 2, who may also file counter affidavit within same period, rejoinder affidavit may be filed within two weeks thereafter.
List after six weeks.
Submission is that the cognizance taken by the Court below for the offence punishable under Sections 323 and 504 I.P.C. was clearly barred by the limitation prescribed under Section 468 Cr.P.C. and as far as cognizance of the offence under Section 3(1)(10) SC/ST Act is concerned, it is established from the evidence on record that the caste oriented abuses were hurled at the O.P. No. 2 by the applicant no. 1 namely Arvind Kumar Kureel alone, who admittedly belongs to Scheduled Caste and as such no offence against the revisionists under Section 3(1)(10) SC/SC Act is disclosed from the evidence on record, yet the Court below illegally rejected the discharge application of the revisionists.
In view of the above, it is directed that till the next date of listing, further proceeding of S.T. No. 1183 of 2010, (State Vs. Radha Kishan Tiwari and others), under Sections 323, 504 I.P.C., and 3(1)(10) SC/ST Act, P.S. Bitthore, District Kanpur Nagar pending in the Court of Special Judge, SC/ST Act, Kanpur Nagar shall remain stayed.
Order Date :- 17.2.2011 arun