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High CourtsSingle Bench(2023) 04 JH CK 0042

Shyam Narayan Sahu And Others vs State Of Jharkhand And Others

Jharkhand High Court · Decided on 27 April 2023

HON’BLE JUDGES
Sanjay Kumar Dwivedi, J
RESULT
Allowed/Disposed Of
CASE NUMBER
Writ Petition (Criminal) No. 101 Of 2019

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Judgment

11 paragraphs · 367 words

Sanjay Kumar Dwivedi, J

1.

Heard Mr. Karan Pandey, the learned counsel for the petitioners and Mr. Rishi Raj Verma, the learned counsel for the respondent State.

2.

This petition has been filed for quashing and deleting the allegation of offence under sections 3 and 4 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, pending in the court of learned Sub Divisional Judicial Magistrate, at Khunti.

3.

There is no prayer so far as quashing of the sections of the I.P.C are concerned and the petitioners are aggrieved with the sections 3 and 4 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

4.

The learned counsel for the petitioners submits that the ingredients of sections 3 and 4 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is not made out and inspite of that the FIR has been registered and the police has also submitted charge sheet without any ingredient of that sections.

5.

Mr. Verma, the learned counsel for the respondent State submits that the case has been registered under the I.P.C sections as well as under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and it was investigated and charge sheet has been submitted.

6.

Looking into the contents of the FIR wherein it has not been disclosed in the contents of the FIR that the petitioner was not a member of SC/ST and to make out the case that averment is one of the ingredient as held by the Hon’ble Supreme Court in the case of “Gorige Pentaiah v. State of A.P.”, reported in (2008) 12 SCC 531.

7.

In that view of the matter, sections 3 and 4 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is not made out and accordingly, the said sections are directed to be deleted.

8.

It is made clear that so far as IPC sections are concerned, the Court has not interfered with the matter and the petitioners will face the trial with regard to IPC sections.

9.

W.P.(Cr.) No.101 of 2019 is allowed and disposed of in the above terms.

10.

Pending petition, if any, also stands disposed of.