Heard the learned advocate for the applicant and the learned APP.
It is submitted that the alleged incident is of 28.6.2011 while the first information report was registered on 4.10.2011. Besides, the version of the complainant does not inspire any confidence. Even ingredients of Section 3(i)(x) of the Scheduled Casts and the Scheduled Tribes [Prevention of Atrocities] Act, 1989 are not attracted. Reliance is placed by the learned advocate for the applicant on the decision of the Apex Court in the case of Kishan Singh vs. Gurpal Singh, reported in 2011 (1) GLR 894, in support of his submission about exercise of power by the Court under section 482 of the Code of Criminal Procedure, 1973, in the case of a belated complaint.
Issue notice returnable on 9.2.2012.
Ad-interim relief in terms of paragraph 6(C) Learned APP waives service on behalf of the State.
Direct service is permitted qua the private respondent.
(ANANT S. DAVE, J.) (swamy) Top