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2023 Supreme(Jhk) 1086

SANJAY KUMAR DWIVEDI
Abdul Halim – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Pandey Neeraj Rai, Advocate, Mr. Akchansh Kishore, Advocate, Mr. Saurabh Sagar, Advocate, Mr. Sumeet Gadodia, Advocate, Mrs. Aanya, Advocate, Mr. Nilohit Choubey, Advocate
For the Respondent:Mrs. Vandana Singh, Sr. S.C.-III, Mr. Deepankar, A.C. to G.A.-III, Mr. Kaushik Sarkhel, Advocate

JUDGMENT :

Vide order dated 25.07.2023, notices were directed to be issued upon respondent no.2 and interim protection was provided to the petitioner in W.P.(Cr.) No.371 of 2023. On 13.09.2023, W.P. (Cr.) Nos. 371 of 2023 and 393 of 2023 were adjourned on the submission of the learned counsel for the State as on that day, Mr. Manoj Kumar, learned G.A.-III was indisposed and the matters were again taken on 05.10.2023 and on that day, Mr. Kaushik Sarkhel, learned counsel for respondent no.2 raised preliminary objection with regard to maintainability of the writ petitions under Article 226 of the Constitution of India on the ground that if the case is arising under the provision of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, the provision of appeal under Section 14A of the said Act is there and in view of that, the writ petitions are not maintainable and on that day, W.P.(Cr.) Nos. 371 of 2023 and 393 of 2023 were adjourned and directed to be tagged with W.P.(Cr.) No.327 of 2023 to address on the preliminary issue.

2. Accordingly, these matters have been listed today for addressing the issue on the point of maintainability of the writ petitions under Arti

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