ASHUTOSH KUMAR, S/O R N SINGH Vs. STATE OF JHARKHAND
LAWS(JHAR)-2019-1-165
HIGH COURT OF JHARKHAND
Decided on January 21,2019

Ashutosh Kumar, S/O R N Singh Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

Shree Chandrashekhar - (1.) The petitioner seeks quashing of the entire criminal proceeding arising out of Adityapur P.S Case No. 424 of 2015 corresponding to G.R No. 1212 of 2015 which has been registered under section 323/504/506 IPC and under section 3(1)(x) of the Scheduled Castes and the Scheduled Tribe (Prevention of Atrocities) Act, 1989.
(2.) By an order dated 23.04.2016 further proceeding in connection to Adityapur P.S Case No. 424 of 2015 was stayed by a co-ordinate Bench of this Court.
(3.) Mr. Sachin Kumar, the learned counsel for the petitioner has raised three fold contentions; (i) the complainant does not belong to Schedule Caste and while so, no offence under the Scheduled Castes and the Scheduled Tribe (Prevention of Atrocities) Act, 1989 can be alleged by him, (ii) on a bare reading of the complaint it does not appear that offence under section 3(1)(x) of the Scheduled Castes and the Scheduled Tribe (Prevention of Atrocities) Act, 1989 is made out and, (iii) registration of the First Information Report is malafide and vexatious, as a retaliation to the departmental actions taken by the petitioner against the complainant.;


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