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2021 Supreme(Jhk) 199

RAVI RANJAN, SUJIT NARAYAN PRASAD
Dipak Modak, S/o. Sri Nagen Modak @ Logen Modak – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioners:Mr. Md. Zaid Ahmed, Advocate.
For the State :Mr. Rajiv Ranjan, Advocate General.

JUDGMENT :

Sujit Narayan Prasad, J.

With consent of the parties, hearing of the matter was done through video conferencing and there was no complaint whatsoever regarding audio and visual quality.

2. Heard parties.

3. The instant application has been filed under Section 482 of the Code of Criminal Procedure for quashing of order dated 08.08.2017 passed by Additional Sessions Judge-I-cum-Special Judge, CBI, Dhanbad in C.P. Case No. 3238 of 2016 whereby cognizance for the offence under Section 3(1) (G) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred as the Act, 1989) has been taken.

4. The matter was placed before the learned Single Judge of this Court wherein counsel for the petitioners has agitated the issue about violation of Sub-rule (3) of Rule 5 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995 (hereinafter referred as the Rules, 1995).

Submission has been made for quashing of the entire criminal proceeding on the ground of non-compliance of the provision of Sub-rule (3) of Rule 5 of the Rules, 1995 which, according to the petitioners, is a mandatory provision. In support of his argument

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