Heard the learned counsel for the applicants and learned A.G.A. who has put in appearance on behalf of State of U.P., opposite party no.1.
Issue notice to opposite party no.2 returnable at an early date.
Steps may be taken within seven days by registered post failing which the interim order which is being passed hereinbelow shall come to an end automatically.
List immediately after service.
Learned counsel for the applicants submits that as would be apparent from the perusal of the F.I.R. as also the statement under Section 161 Cr.P.C. the incident is said to had been taken place inside the house and hence there was no question of abusing by caste in public view. Therefore the slapping of the provision of Section 3 (1) (X) S.C./S.T. Act us unnecessary, it is submitted.
It appears to be an arguable case as far as the aforesaid provision under Section 3 (1) (X) S.C./S.T. Act is concerned.
In view of the above, as an interim measure it is provided that till the next date of listing the proceedings arising out of Case Crime No.192 of 2006, under Sections 323, 504, 506 I.P.C. may proceed further ignoring the provisions of Section 3 (1) (X) S.C./S.T. Act.
Order Date :- 13.1.2010 PAL/