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2022 Supreme(Cal) 639

AJOY KUMAR MUKHERJEE
Laxmi Balmiki – Appellant
Versus
State Of West Bengal – Respondent


Advocates appeared:
Mr. Saheb Banerjee, for the Appellant; Ms. Rajnandini Das, Mr. Karan Bapuli, Mr. Arijit Ganguly Mr. Saryati Datta, for the Respondent

JUDGMENT

Ajoy Kumar Mukherjee, J. - The present revisional application has been preferred for setting aside the order no. 7 dated 22.4.2019 passed by Special Judge, 1st Court, Burdwan whereby the learned court accepted the charge sheet being charge-sheet no. 377 of 2018 dated 13.8.2018 filed under Section 341/323/506/34 of the Indian Penal Code in connection with Bardhaman Police Station case no. 464 of 2018 though originally the said Bardhaman Police Station case no. 464 of 2018 dated 7.7.2018 was also booked under Section 3 of the Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as SCST(POA) Act).

2. Petitioner's complaint in a nutshell in that over the issue of death of mother-in-law of opposite party no. 2 allegedly due to doctor's negligence, who happens to practice in the chamber of petitioner's medicine shop, opposite party No. 2 along with his men on 09.05.2018 attacked petitioner's medicine shop and abused petitioner by saying 'Sali choto loker jat' (Sali belongs to lower caste) and also assaulted the employee of medicine shop physically and threatened to kidnap petitioner and her daughter and ordered to close her shop.

3. Learne

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