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SANJAY KUMAR DWIVEDI
Jitendra Rai @ Jay Prakash Rai – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. This petition has been filed for quashing of the Complaint Case No.294 of 2018 including the order taking cognizance dated 06.02.2019 passed by the learned District and Additional Sessions Judge, 1st Class, cum Special Judge, Godda in connection with Complaint Case No.294 of 2018, S.C./S.T. Case No.05/2019, pending in the same learned court.
2. The complaint case has been filed alleging therein that the case has been registered on the basis of written complaint lodged by the informant namely Pinki Devi before the Special Judge, Godda alleging therein that the on dated 29.9.2017 at 4 O’clock in the evening at her house the petitioners and other co-accused persons entered in her house and abused her family members with caste remark. It is alleged that on dated 20.04.2018 at 12 O’clock when her daughters were returning from the school and in her way they have collected the 8 to 10 fallen unripe mangoes. As soon as her daughters came in her house the other coaccused persons entered in her house and abused and assaulted her daughters. It is further alleged that the accused persons have assaulted the informant and her husband. It is further alleged that the petitioner no.1 is
The SC/ST Act should not be invoked for civil disputes, and criminal proceedings must not be misused for personal vendettas.
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....
Omission of caste insult in initial police intimation does not vitiate SC/ST (POA) Act proceedings if substantiated later.
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