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RAJEEV RANJAN PRASAD
Ghanshyam Kumar – Appellant
Versus
State of Bihar – Respondent
Rajeev Ranjan Prasad, J.—Heard learned counsel for the petitioner, learned counsel for the informant as also Mr. Deepak Kumar, learned AC to GP-4 for the State.
2. Petitioner, in the present case, is seeking the following reliefs:—
“i. For quashing of FIR bearing Sirdala P.S. Case No. 217/2015 dated 12/11/15;
ii. For deleting the acquisition U/Ss 3(1)(x), 3(2)(v) of SC/ST Act as there is no any specific allegation attributed with regard to the special act against the present petitioner;
iii. For staying the no-coercive steps being taken/to be taken against the present petitioner;
iv. For any other relief/reliefs for which petitioner is found entitled in the facts and circumstances of the case.”
Brief facts of the case
3. In Sirdala P.S. Case No. 217/2015 registered on 12.11.2015 at about 2:45 P.M. the allegation is that on 11.11.2015 at about 12:00 P.M. in the night, the informant had gone to search his deceased nephew Rakesh Kumar @ Pappu Chaudhary and at Chamotha Hat, some children were said to have been playing gambling on the occasion of Dipawali. It is alleged that during this period, the SAP Police Force caught hold of the informant from behind and allegedly removed Rs. 1200/- from
The court adjudicated that existing evidence provided sufficient grounds to proceed against the appellants under relevant offenses without necessitating an evaluation of total evidential weight at th....
The court quashed the FIR due to lack of essential elements for prosecution under the SC/ST Act, emphasizing the need to prevent malicious prosecution.
The court ruled that allegations under the SC/ST Act must not be based on malafide intentions, emphasizing the need to prevent misuse of protective legislation.
Appellate interference in acquittal appeals limited to perverse findings or sole guilt view; unexplained FIR delay, testimony contradictions, enmity motive, non-corroborative medicals, and SC/ST inve....
The central legal point established in the judgment is that the offence under the SC/ST Act is not established merely on the fact that the informant is a member of Scheduled Caste unless there is an ....
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