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2023 Supreme(Online)(Chh) 11505

CHHATTISGARH HIGH COURT
Goutam Bhaduri, J
Rafiq Khan v. State of Chhattisgarh


Advocates:
For the Appellants/Petitioners: Mr. XYZ
For the Respondents: Shri Adil Minhaz

1. This appeal has been preferred by the appellants / accused persons under S.14 - A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the "Act of 1989"), questioning the legality and propriety of the Order dated 09.06.2022 passed by the learned First Additional Sessions Judge, Surajpur, District Surajpur (as Special Judge (Atrocities), Surajpur, was on leave), in Bail Application No.360/2022 (Crime No.132/2022), whereby the application filed by the appellants under S.438 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the "Cr.P.C.") has been rejected.

2. Case of the prosecution is that the appellants and their daughter namely Saggu, who are neighbours of the complainant, came in front of her house on 24-03-2022 at 7 AM and while abusing the complainant assaulted her by using filthy words over the trivial issues as the drumstick tree was planted by her on the road, which created obstruction of passage of car of the appellants, who also assaulted one Jarina Khatun, when she intercepted the matter. Owing to the alleged assault, she (Jarina Khatun) sustained certain injuries like abrasions, which compe




















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