Order 5

Order Details: COPY OF ORDER
Pdf Text: SC No. 24/2023
FIR No. 684/22
PS Harsh Vihar
State Vs. Nishant Bhagel
Etc.
03.02.2024
Present : Sh. Parmod Kumar, Ld. Addl. PP for the State.
Both accused on bail.
Sh. Kunal Khanna and Ms. Sonia, Ld. Counsels for
accused Nishant Bhagel.
Today this matter is fixed for consideration of the
caste certficated filed on behalf of accused Ravi as well as on the
point of charge.
As per the charge sheet, an enquiry has already been
made w.r.t. the caste of accused Ravi by the IO of the case and
during the course of the same, he was found to be belonging to
Scheduled Caste. It is thus mentioned in the charge sheet that the
provisions of SC/ST Act were not invoked against him due to
aforesaid reasons.
In view of the above, this court is not inclined to
further dwell into this aspect.
Otherwise, today this matter is fixed for arguments
on the point of charge.
Arguments heard on behalf of both sides.
Ld. Addl. PP for the State has stated that there is
sufficient material on record to frame charge against both the
accused persons for the offence u/s 506/34 IPC & S.3 (1)(r)(s) of
SC/ST Act, however, offence u/s 3(1)(r)(s) of SC/ST Act is not
made out qua accused Ravi.
Contd.,
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Per contra, Ld. Counsels for accused has objected by
stating that both the accused persons have been falsely implicated
and there is no evidence on record to frame charge against them.
Thus, they are entitled to be discharged.
Perusal of the record reveals that specific allegations
have been levelled against both the accused persons of having
committed the alleged offence and the same seems to be
supported by the statement of witnesses and the material
otherwise placed on record. Therefore, this court is of the view
that prima facie offences u/s 506/34 IPC & S.3 (1)(r)(s) of SC/ST
Act are made out against accused Nishant Bhagel, whereas
offence u/s 506/34 IPC is made out against accused Ravi @
Bhucha. Accordingly, charges are framed, to which both the
accused persons have pleaded not guilty and claimed trial.
Put up this matter for PE on 05.04.2024.
Complainant along with Duty Officer be summoned for NDOH.
Issue notice to IO/ACP Jashod Singh Mehta to
appear in person before this court on NDOH.
(Vineet Kumar)
ASJ-02/E-Court (Shahdara)
KKD/Delhi/03.02.2024
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