RAM NANDAN RAI Vs. STATE OF BIHAR
LAWS(PAT)-2017-9-48
HIGH COURT OF PATNA
Decided on September 14,2017

RAM NANDAN RAI Appellant
VERSUS
STATE OF BIHAR Respondents


Referred Judgements :-

GORIGE PENTAIAH VS. STATE OF ANDHRA PRADESH AND ORS. [REFERRED TO]


JUDGEMENT

Birendra Kumar, J. - (1.)Heard learned Senior Counsel for the petitioners, learned counsel for the opposite party no. 2 as well as learned counsel for the State.
(2.)The petitioners are accused in connection with S. Tr. No. 569 of 2011 arising out of Protest-cum-Complaint Case No. C1-1364 of 2010 filed in Vaishali P.S. Case No. 691 of 2009. The petitioners had filed a petition before the learned Sessions Judge under Section 227 of the Code of Criminal Procedure (hereinafter referred to as the "Cr.P.C.") for discharge from the offence under Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the "SC/ST Act") only. The prayer was refused by the impugned order dated 23.08.2013.
(3.)Submission of the learned counsel for the petitioners is that the ingredients to prove the charge for offence under Section 3(1)(x) of the SC/ST Act is completely lacking on bare perusal of the First Information Report lodged by opposite party no. 2. Hence, the impugned order suffers from non-application of judicial mind.


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