2024 INSC 982
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NON-REPORTABLE
IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2024 (Arising out of SLP(Crl.) No. 8401 of 2023)
SHUBRA P KANDPAL …APPELLANT(S)
VERSUS
THE STATE OF UTTARAKHAND AND OTHERS …RESPONDENT(S)
J U D G M E N T
B.R. GAVAI, J.
1. Leave granted.
2. This appeal challenges the judgment and order passed
by the learned Single Judge of the High Court of Uttarakhand
at Nainital in Criminal Misc. Application No. 355 of 2022,
vide which the learned Single Judge partly allowed the
petition preferred by the appellant under Section 482 of the
Code of Criminal Procedure, 1873 (for short, ‘Cr.P.C.’) for
quashing of the order dated 8th February 2022 passed by the
Special Judge, SC/ST Act vide which the learned Special
Judge had taken cognizance of the charges under Sections
504 and 506 of the Indian Penal Code, 1860 (for short, ‘IPC’)
and Sections 3(1)(r) and (s) of the Scheduled Castes and
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Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for
short, ‘the SC/ST Act’) as well as for quashing of the entire
proceedings pending against the appellant. The High Court
had quashed the proceedings under Sections 3(1)(r) and (s) of
the SC/ST Act, however, refused to quash the proceedings
under Sections 504 and 506 of IPC.
3. The First Information Report (FIR) No.507 dated 19th
September 202...