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2023 Supreme(Pat) 650

CHAKRADHARI SHARAN SINGH, RAJESH KUMAR VERMA
Suman Mahto – Appellant
Versus
State of Bihar – Respondent


Chakradhari Sharan Singh, J. – Precisely narrated, the questions as regards, the ambit, scope and the limitations of Section 14A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as ‘the Act’ in short), are involved in the present reference to the Division Bench made by a learned single-Judge of this Court by an order dated 08.04.2019, passed in the present batch of cases. In paragraph no. 2 of the Reference Order, the learned single-Judge has expressed disagreement with the view taken by a co-ordinate bench of a learned single-Judge. The order of Reference, however, missed to refer to the exact decision of the co-ordinate bench of learned single-Judge of this court with which learned Judge was not in agreement. Learned single-Judge in his concluding paragraphs of the Reference Order has noted as under: –

“19. Similar issue was subject to consideration by the Full Bench of Allahabad High Court in Criminal Writ (Public Interest Litigation) No.08 of 2018 with Criminal Miscellaneous No.38755 of 2017 Satyendra and others vs. State of Uttar Pradesh with Criminal Writ (Public Interest Litigation) No.11 of 2018, Vishnu Behari Ti

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