Smt. Rashmi Sharma vs State Of Chhattisgarh And Ors
2021 Latest Caselaw 1527 Chatt

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                 HIGH COURT OF CHHATTISGARH, BILASPUR

                                     Order Sheet

                               CRMP No. 388 of 2014

      (Deleted ) Dr. Sunil Mishra & others Vs. State of Chhattisgarh & another

                               CRMP No. 640 of 2014



02.08.2021         Mr. Akhtar Hussain, counsel for the petitioners in CRMP No. 388 of

             2014 and for respondent no. 2 to 5 in CRMP No. 640 of 2014

Mr. Arpit Agrawal, Advocate on behalf of Mr. B.P. Sharma, counsel

for the petitioner in CRMP No. 640 of 2014 and for respondent No. 2 in

CRMP No. 388 of 2014.

Mr. Sudeep Verma, Dy. Govt. Advocate for the State.

Heard.

This Court vide order dated 24.07.2014 has granted interim

protection to the petitioner in CRMP No. 388 of 2014, by which the

proceeding pending before the Special Judge (Atrocities), Korba in

connection with Crime No. 23/2013 has been stayed till the next date of

hearing. The record shows that the petitioner is confined to the ground

that the complainant who belongs to ST category and she has married

with general category person, therefore, her caste cannot be remained as

ST. When a specific query is posed that what is constitutional provisional

with this regard, it has been pointed out that as per judgment of Hon'ble

the Supreme Court reported in 2012 (3) SCC 400 & 2018 (2) SCC 493, it

has been held that the caste will be remained same, therefore, the only

ground which has been raised is against well settled provision of law,

therefore, no purpose will be served in continuing the interim protection

granted by this Court earlier in CRMP No. 640 of 2014.

Considering the legal provision, the interim protection granted by

this Court in CRMP No. 640 of 2014 stands vacated. The learned trial

court is directed to expedite the proceeding.

List both the cases for hearing after four weeks.

Sd/-

(Narendra Kumar Vyas) Judge

Arun