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2006 Supreme(Raj) 1343

DINESH MAHESHWARI
Tikam Singh – Appellant
Versus
State – Respondent


Advocates Appeared:
Vineet Jain, for Petitioner H.R. Soni, Additional Government Advocate Mahesh Bora, for Respondents

Honble MAHESHWARI, J.–The petitioner-accused, facing trial for offences under Sections 302, 201 I.P.C. and Section 3(2)(v) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (the Act of 1989/the Act hereafter) has submitted this writ petition questioning the legality and validity of the order dated 16.6.2005 (Annex.4) issued by the Collector-cum-District Magistrate, Pali appointing the respondent No. 3 Shri Mahesh Bora, Advocate to conduct the case on behalf of the State at the request of the complainant with reference to Rule 4(5) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Rules, 1995 (the Rules of 1995/the Rules hereafter).

The Facts : A Resume

(2). The petitioner Tikam Singh has been challaned on 17.5.2005 for the offences aforesaid and he contends that the complainant has foisted a frivolous case on account of political enmity and is motivated by political opponents of his father. The complainant-respondent Nos. 4 and 5 submitted an application (Annex.2) before the Collector-cum-District Magistrate, Pali for appointing a counsel for pleading the case on their behalf as per Rule 4(5) of the Rules of 1995. The application was












































































































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