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2011 Supreme(Pat) 124

JYOTI SARAN, R.M.DOSHIT
Smt. Ram Deni Devi W/o Late Sharma Choudhary – Appellant
Versus
State Of Bihar – Respondent


JUDGEMENT

1. These four petitions filed under Article 226 of the Constitution raise common challenge to the constitutional validity of the Government Notification dated 3rd June 2002 published in the Official Gazette of the State of Bihar on 9th August 2008.

2. The petitioners in C.W.J.C. No. 7489 of 2006 are the wife and the brother of the deceased Sharma Choudhary, a class IV employee of the respondent no.6, Canara Bank. According to the writ petitioners the said Sharma Choudhary died on account of the atrocities meted to him being a Scheduled Caste person. The petitioners have, therefore, prayed that the police be directed to register the offence under Section 3(2)(v) read with Section 3(1 )(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the Act of 1989) read with Section 302 of the Indian Penal Code; that the police be directed that the investigation for the offence be made by a police officer of the rank of the Deputy Superintendent of Police.

3. The petitioner in C.W.J.C. No. 16407 of 2007 is one Ambuj Shanria @ Ambuj Kumar Sharma, an accused in Uphara P.S. Case No. 23/2000 registered for offences -punishabl




























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