the SC/ST (Prevention of Atrocities) Act was instituted. After investigation was concluded, final form was submitted by the police, but the learned Magistrate while disagreeing with the final form took cognizance and the discharge application preferred by the petitioner has been rejected by the impugned order dated 05.08.2017. It appears that mere mention has been made about the materials which have been collected during course of investigation as can be seen from the case diary while rejecting the said application. It is not in doubt that the learned trial court has not to conduct a roving inquiry or meticulously examine the materials collected to consider such application, but there has to be at least a fleeting reference of the materials, which would entail rejection of the discharge application. As has been stated above, it appears that mere mention has been made about perusal of the case diary and certain witnesses who have supported the prosecution case, but even a glimpse of the contents of the statement of the said witnesses have not been indicated in the impugned order dated 05.08.2017. In such parameters therefore the same is hereby quashed and set aside and the matter is remanded back to the learned trial court for passing a fresh order in accordance with law after hearing the respective parties after proper appreciation of the materials available on record.
