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Judgment
S.K. Chattopadhyaya, J.—Heard learned Counsel for the Petitioners and the opposite parties.
In this application the order dated 31.1.2000 has been challenged on the ground that the learned Special Judge, S.T./S.C. Act has rejected the prayer of the Petitioners for discharge merely on the ground that the statements of witnesses recorded u/s 164 of the Code of Criminal Procedure makes out a case for proceeding against the Petitioners.
From the allegation made in the F.I.R. it appears that on a complaint being filed, the matter was sent to the Police for instituting a case u/s 156(3) of the Code of Criminal Procedure and on completion of the same, Police submitted charge-sheet under Sections 436, 323, 149 of the Indian Penal Code read with Section 3(2)(v) of the SC & ST Act. Thereafter, the" Petitioners have filed a petition for discharge but the learned Special Judge has refused to do so as observed earlier.
After hearing the counsel for the parties and going through the impugned order, I am of the view that the learned Special Judge has not committed any illegality by refusing the prayer of the Petitioners on the basis of the statements of witnesses recorded u/s 164 of the Code of Criminal Procedure Thus I find no merit in this application. The Cr. Misc application is dismissed.