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2024 Supreme(Online)(MP) 11451

HIGH COURT OF MADHYA PRADESH
Satendra Saraf – Appellant
Versus
The State Of Madhya Pradesh – Respondent


Advocates:
Pramod Singh Tomar,Advocate General

J U D G E M E N T

Present appeal has been filed by the appellant under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for brevity 'the Act') against the order dated 05/09/2022 passed by Special Judge, SC/ST (PA) Act, Sagar (MP), whereby, charges under Section 294, 506 Part-II of IPC and Section 3(1)(r)(s) & 3(2)(va) of SC/ST (PA) Act, 1989.

2. Learned counsel for the appellant, after referring to FIR as well as caste certificate, submits that in FIR, name of complainant is mentioned as Smt.

Dropti Kori W/o Late Hotilal Kori, R/o Laxmipura ward, Thana Kotwali, Sagar whereas in caste certificate name of Smt.Dropti Bai D/o of Shri Dattulal and Smti.Sri Bai, village Hardanakhedi, Teh.Basoda, District Vidisha is mentioned. Thus, there is nothing on record to show that caste certificate, which is on record, is of complainant whose name is mentioned in FIR. Further, after referring to contants of FIR as well as statements recorded under Section 161 of Cr.P.C. of complainant, and relying upon Prafulla Kumar Jaiswal Vs. State of M.P and others (in MCRC No.19835/2017 dated 22.09.2023, it is contended that even prima facie ingredients constitutin

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