C.H. Dewakar @ Chavala Divaker vs The State Of Jharkhand
2021 Latest Caselaw 1163 Jhar

                  IN THE HIGH COURT OF JHARKHAND AT RANCHI
                               Cr.M.P. No. 993 of 2009
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1. C.H. Dewakar @ Chavala Divaker

2. Subrat Kumar Pattanayak @ B.K. Patnaik

3. Dinesh Mishra

4. S.P. Shukla @ Satrughan Prasad Sukla

5. Prashant Kumar Singh @ Prasant ...Petitioner(s).

                                     Versus
            1. The State of Jharkhand
            2. Shri Vakil Paswan                                ... Opp. Party(s)
            CORAM        :     HON'BLE MR. JUSTICE ANANDA SEN.
                               Through: Video Conferencing
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            For the Petitioner(s)          : Mr. Indrajit sinha, Advocate.
            For the State                  : A.P.P

16/08.03.2021:         Mr. Indrajit Sinha, learned counsel for the petitioners by referring to

judgment of the Honb'le Supreme Court of India rendered in Hitesh Verma Vrs. State of Uttarakhand and another reported in (2020) 10 SCC 710 submits that no offence under the provision of S.C/.S.T Prevention of Atrocities Act is made out. He submits that mechanically the petitioner has been summoned under the aforesaid provision. He submits that the court below had not taken into consideration the fact that the occurrence has not taken place in public view as the occurrence had taken place in night at around 1 A.M. The fact that occurrence has taken place just outside the house of the informant cannot be said to be in the public view in the aforesaid condition.

Considering the aforesaid submission this application will be heard. Admit.

Issue fresh notice to opposite party no.2 as no one is appearing on behalf of opposite party no. 2 for which requisites etc. under registered post with A/D as well as through ordinary process must be filed within two weeks.

In the meantime, further proceeding so far as this petitioner is concerned in Connection with C.P. Case No. 649 of 2008, pending in the Court of learned Judicial Magistrate, 1st Class, Dhanbad shall remain stayed.

      Rajnish/C.P. 3                                                 (ANANDA SEN, J.)