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2023 Supreme(Pat) 160

SANDEEP KUMAR
Manish Kumar Jha – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioners: M/s Manish Kumar No 13, Rohit Kumar.
For the State : Mr. Sadanand Paswan, APP.
For the O.P. No. 2 : Mr. Madhu Sudan Kumar.

ORDER

Heard the parties.

2. This application has been filed for quashing the order dated 04.07.2017 passed by learned Special Judge (SC/ST Prevention of Atrocities Act), Darbhanga in connection with SC/ST Case No. 275 of 2017/ G.R. No. 469 of 2015 arising out of SC/ST P.S. Case No. 30 of 2015.

3. The prosecution story in short is that O.P. No. 2, submitted a written report to the S.H.O., SC/ST Police Station on 22/09/2015 alleging, inter-alia, therein that he works as Raj Mistri and earning from the same he makes livelihood of his family. It is submitted that petitioner, who is member of the Panchayat Samiti of Ramauli Gram Panchayat, on 26/02/2013 came on his house and told him to work for the construction of several government projects including the construction work of his own house. For this he became ready for work along-with three Raj Mistri and six labours. It is also stated that Rs. 450/- for Raj Mistri and Rs. 225/- for labour was fixed for one day work. Thereafter they worked from 27/02/2013 to 23/02/2015. For the aforesaid period works, they received Rs. 01 Lac 80 thousand and Rs. 01 Lac 17 thousand was remains dues and it was told to them that the remaining payment will sh

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