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SANJAY KUMAR DWIVEDI
Jhimli Majumdar (Ward Counseler), W/o. Jayant Kumar Majumdar – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. Heard Mr. Binod Singh, learned counsel for the petitioners and Mr. Prabhat Kumar assisted by Mr. Karan Shahdeo, learned counsel for the State.
2. This writ petition has been filed for quashing part of the order dated 29.04.2015 passed by the learned S.D.J.M., Jamtara, whereby, cognizance has been taken against the petitioners under Sections 353, 504/34 of the Indian Penal Code and under Section 3(i)(x) of SC/ST (Prevention of Atrocities) Act, 1989 in connection with Jamtara (Mihijam) P.S. Case No.138/2014, G.R. No.345/2014, pending in the court of the learned S.D.J.M., Jamtara.
3. On the written report of the Circle Inspector, Jamtara, the case was lodged against the petitioners alleging therein that on 17.04.2014 the informant with the order of the Circle Officer went to Refugee Colony for spot inspection of the work done under HSDP Yojna when in between Srimati Jhimli Majumdar (petitioner no.1) came there and said the informant to show the Circle Officer's order and after showing the same, she snatched it and torn it and also abused the informant because of his caste. It was further alleged by the informant that thereafter other accused persons also came there and sta
Non-compliance with statutory provisions of the SC/ST (Prevention of Atrocities) Act, specifically Section 9 read with Rule 7, led to the quashing of cognizance under the Act.
The judgment established the importance of meeting the key parameters for registering a case under the SC/ST (Prevention of Atrocities) Act, 1989, and highlighted the interpretation of 'place within ....
The central legal point established in the judgment is the requirement of incidents taking place in public view and the caste of the accused being of the informant for taking cognizance under the Sch....
The intention to insult or intimidate a member of a schedule caste or schedule tribe is essential to establish an offence under Section 3(1) of the SCST(POA) Act.
A prima facie case for commission of offence punishable under Section 3(1)(r) and 3(1)(s) of Act, 1989 and there is no provision of leading pre charge evidence before court of Sessions, no illegality....
The High Court may issue a Writ of Mandamus under Article 226 of the Constitution of India to compel police authorities to register a First Information Report (FIR) and conclude investigations expedi....
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