- (1.) THE present petition has been preferred by Sri Ramakant Pandey, the Circle Inspector of Barkatta in Tandwa Block, District -Chatra. According to the present petitioner, he has been implicated falsely by the Circle Officer, Ram Niwas Pandey, for submission of report in Settlement Case No.6 of 98 -99/46 of 98 -99 on the basis of forged petition. According to this petitioner, the police submitted charge -sheet against him without valid evidence on records on which cognizance taken by the learned ADJ -cum -Special Judge, SC/ST Court Hazaribagh.
(2.) IT further mentions that when the petitioner filed a petition for discharge under Section 227 of the Cr. P.C., the learned court below by the impugned order dated 6.5.2006, refused to consider it, although there was no valid evidence on the record. In this context, it is submitted that the learned court below did not consider the fact that in departmental proceeding he has been exonerated by the Deputy Commissioner Hazaribagh It is further submitted that the Dy. S.P. has supervised the case to find the case under Sections 467, 468 of I.P.C. as well as under Section 3/4 of the Act not true. However, the court below took cognizance and further fixed the case for framing of the charge. Therefore this revision petition be allowed and order dated 6.5.2006 be set aside.
(3.) THE learned A.P.P. appearing for the State opposed and submitted that under the provision of SC/ST Act, present revision petition is not maintainable.;