Satyam Kumar vs The State Of Jharkhand
2022 Latest Caselaw 4343 Jhar

                            IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                 Criminal Appeal (S.J.) No. 356 of 2022
                                             ....

                Satyam Kumar                                                              ....       Appellant
                                                   Versus
                1.   The State of Jharkhand
                2.   Ram Sevak Dey
                3.   Savita Dey
                4.   Sushma Dey
                5.   Sapan Kumar Dey
                6.   Sishir Dey                                                            ....   Respondents
                                     ....

CORAM:HON'BLE MR. JUSTICE RAJESH KUMAR

For the Appellant : Mr. Baibhaw Gahlaut, Adv.

For the State : Mr. P.K.Chatterjee, Spl. P.P.

For the Respondent No.2 to 6 : Mr. A.K.Kashyap, Sr. Adv.

Mr. Manoj Kr. Sah,Adv.

....

07/01.11.2022 The present appeal has been filed for quashing the order dated 28.08.2021 passed by the learned Distt. & Addl. Sessions Judge 1st cum Special Judge (SC/ST), Bokaro in Complaint Case No.321 of 2020.

It appears that a complaint petition has been filed by the present appellant making allegation against the respondents under the SC/ST Act.

It further appears that the court has evaluated the evidence and had rejected the plaint.

The court has travelled beyond its jurisdiction and at this stage the court is not supposed to evaluate the evidence and reject the plaint itself.

Learned counsel for the respondents has supported the order of rejection of the plaint and submitted that it was on the occasion of Holi festival and it was merely an act permissible by the society for celebrating the festival of Holi. Section 94 of the Indian Evidence Act has also been referred. It has been further submitted that the there is dispute between the parties and litigation are going on.

Considering the above facts, the impugned order dated 28.08.2021 passed by the learned Distt. & Addl. Sessions Judge 1st cum Special Judge (SC/ST), Bokaro in Complaint Case No.321 of 2020 is, hereby, set aside.

It is further observed that if a complaint is filed then it is not discretion of the concerned court to keep it under the enquiry or send it for the investigation rather it is the requirement of the case.

The above observation has been given by the Hon'ble Apex Court in the judgment reported in 2022 0 Supreme (SC) 740 in the case of XYZ versus State of Madhya Pradesh & Ors.

In view of above fact, the matter is remitted back to the concerned court for referring the matter for lodging an F.I.R.

With above observation and direction the present appeal stands disposed of.

(Rajesh Kumar, J.) Shahid/