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2010 Supreme(SC) 1016

MARKANDEY KATJU, T.S.THAKUR
Subrata Das – Appellant
Versus
State of Jharkhand – Respondent


JUDGMENT

T.S. Thakur, J. —

1. This appeal by special leave arises out of an order passed by the High Court of Jharkhand at Ranchi whereby a petition under Section 482 Cr.P.C. filed by the appellant has been dismissed and an order dated 20th March, 2003 passed in Criminal Revision No.229 of 2002 by the Additional Sessions Judge, Dhanbad upheld. The High Court has taken the view that since two Courts below had concurrently held that a prima facie case under Sections 341, 323 and 506 IPC and Sections 3(i)(x) and 2(vii) of the Scheduled Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989 had been made out against the petitioner (appellant herein) it was not a fit case in which the proceedings before the Magistrate could be quashed. The controversy arises in the following backdrop:

2. A complaint was filed by the complainant-respondent No.2 herein before the Chief Judicial Magistrate, Dhanbad against the appellant and one Shri D.B. Raman, Manager of TISCO Jamadoba Colliery, district Dhanbad alleging commission of offences punishable under Sections 341, 323, 506 and 384 IPC and Sections 3(1) & (2) (vii) of the Scheduled Castes and Schedule Tribes (Prevention of Atrocities) Ac








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