Ratan Chakraborty vs The State Of Jharkhand
2021 Latest Caselaw 2022 Jhar

                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                      Cr. A (SJ) No. 587 of 2020
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                Ratan Chakraborty                                                   .....Appellant
                                             Versus
                1. The State of Jharkhand
                2. Arti Paharin                                            ....Respondents
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            Coram: HON'BLE MR JUSTICE RAJESH KUMAR
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            For the Appellant          : Mr. Rajeeva Sharma, Sr. Advocate
                                        Mr. Ritesh Kumar, Advocate
            For the State              : Mr. Suraj Verma, A. P. P.
            For the Resp. No. 2        : Md. Asadul Haque, Advocate
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06/23.06.2021      From bare perusal of the allegation, it has been argued by the learned senior

counsel for the appellant that it is a case of financial transaction only and there is no element of exploitation of member of Scheduled Caste/Scheduled Tribe on consideration that they are members of the weaker sections of the society. Only to give colour, the allegation of abusing in public place has been made, however, no place has been mentioned. Only it has been mentioned that in public place, they have been abused. On the above fact, it has been submitted that no offence is made out under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act. Learned senior counsel for the appellant has relied upon a judgment reported in the case of Hitesh Verma Vs. The State of Jharkhand and Anr. in [2020 (10 ) SCC 710].

On the other hand, learned counsel for the State has opposed the prayer and has submitted that weaker sections of the society has been defrauded of their hard earned money, even otherwise nature of allegation suggests that the appellant cannot be protected under Section 438 of the Cr. P. C.

At this stage, learned senior counsel for the appellant seeks permission to withdraw the present appeal with liberty to surrender the appellant before the Court below on 13.07.2021.

After hearing the learned counsel for the parties, appellant is permitted to withdraw this appeal with liberty to surrender before the Court below on 13.07.2021.

Learned counsel for the respondent no. 2 is directed to communicate the present decision to the victim, who is at liberty to participate in the proceeding before the Court below. Learned counsel for the State is also directed to communicate the present order to the victim through the Investigating Officer.

In that view of the matter, the present appeal is dismissed as withdrawn. However, Court below is directed to dispose of the petition as early as possible after hearing the parties, without being prejudiced by the observations made in the present appeal.

(Rajesh Kumar, J) kamlesh/