J.P.GUPTA
AJEET JAIN – Appellant
Versus
STATE OF M. P. – Respondent
JUDGMENT :
1. Shri H. S. Rajput, Advocate for the appellant. Shri Aseem Dixit, G.A. for the respondent/State. Heard. Case diary perused.
2. This is an appeal filed under section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the impugned order dated 22-1-2018 passed by Special Judge, (S.C. and S.T. (Prevention of Atrocities) Act) Jabalpur in B.A.No.170/2018 whereby the Court below has dismissed the application filed by the appellant under section 438, Criminal Procedure Code. The appellant is apprehending his arrest for the offence under sections 294, 323, 506/34 of the Indian Penal Code and section 3(2)(va) and 3(1)(d) of the SC and ST (Prevention of Atrocities) Act, 1989, (hereinafter referred to as ‘the Act of 1989’) in Crime No.7/2018 registered at Police Station Chargawan, District Jabalpur (M.P.).
3. According to the prosecution story, it is alleged that the appellant is the owner of the bus on which the complainant was working as a Driver. It is alleged that while he demanded arrears of salary, he was abused publicly by referring to his caste and was also slapped and threatened to life. The complainant belongs to the Scheduled Tribe com
Rini Johar and ors. vs. State of M.P. and ors.
D. K. Basu vs. State of W.B. ((1997) 1 SCC 416
Arnesh Kumar vs. State of Bihar (2014) 8 SCC 273
Hussainara Khatoon (IV) vs. Home Secy. State of Bihar (1980) 1 SCC 98
Paschim Banga Khet Mazdoor Samity vs. State of W.B. (1996) 4 SCC 37
Sunil Batra vs. Delhi Admn. (1978) 4 SCC 494
Joginder Kumar vs. State of U.P. ((1994) 4 SCC 260
Indira Jaising vs. Supreme Court of India (2017) 9 SCC 766
Bachpan Bachao Andolan vs. UOI (2011) 5 SCC 1
People’s Union for Civil Liberties vs. UOI (2004) 12 SCC 104 and (2010) 15 SCC 57
Paschim Banga Khet Mazdoor Samity vs. State of W.B. (1996) 4 SCC 37
Madhuri Patil vs. Tribal Development (1994) 6 SCC 241
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