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2023 Supreme(All) 756

RAJAN ROY, SANJAY KUMAR PACHORI
Gyanendra Maurya @ Gullu – Appellant
Versus
Union of India Thru Secy Ministry Social Justice and Empowerment, New Delhi – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Gyanendra Singh
For the Respondent: A.S.G.I.

JUDGMENT :

Rajan Roy, J.

1. Heard.

2. The petitioner has sought following reliefs in this petition filed under Article 226 of the Constitution of India:

    "i). Issue a writ order or direction declaring the Section 4(2)(e) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act 1989 and Rule 7(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities Rules) 1995, ultra- vires to Part III of the Constitution of India upto the extent they both necessarily directs for filing of 'charge sheet'.

ii) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 02.03.2022 (contained as annexure no. 3 to the writ petition), passed by the Exclusive Special Court, Pratapgarh, with all consequential proceedings, or,

iii). issue a writ, order or direction commanding the opposite parties no. 2 and 3 to delete the Section 376-D and 506 I.P.C. from the FIR No. 100 of 2022 registered at P.S. Maheshganj, District Pratapgarh, under Sections 376- D, 506 IPC and 3(2)(v) & 3(2)(va) of the Act 1989."

3. Vide Relief No. 1, he has sought a declaration that Section 4(2)(e) of the Scheduled Castes and the Scheduled Tribes (Prevention of At

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