Shiv Charan Mahto vs The State Of Jharkhand And Another
2023 Latest Caselaw 3827 Jhar

             IN THE HIGH COURT OF JHARKHAND, RANCHI
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W.P.(Cr.) No. 724 of 2023

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1.Shiv Charan Mahto

2.Sudesh Mahto @ Laldeo Mahto

3.Ishru Mahto @ Gopi Mahto

4.Jyoti Mahto

5.Krishna Mahto

6.Karmu Mahto .... Petitioners

-- Versus --

The State of Jharkhand and Another .... Respondents

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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioners :- Mr. Nilesh Kumar , Advocate For the State :- Mr. Achyut Keshav, Advocate

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2/09.10.2023 Learned counsel for the petitioners submits that the case

has been registered under the section sections of Indian Penal Code

(IPC) as well as SC/ST Act, however, no case under the Scheduled Castes

and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is made out in

view of the judgment of the Hon'ble Supreme Court in the case of

Hitesh Verma v. State of Uttarakhand, (2020) 10 SCC 710. He

submits that maliciously the said Act has been imposed in the F.I.R for a

civil dispute. He submits that, however, other sections of the I.P.C are

bailable. He submits that he is challenging the present F.I.R only so far as

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,

1989 is concerned.

2. Issue notice upon the respondent no.2 by registered post

with A/d as well as under ordinary process for which requisites etc. must

be filed within two weeks.

3. Till the next date, no coercive steps shall be taken against

the petitioners in connection with SC/ST P.S.Case No.04/22 pending in

the court of learned Additional Sessions Judge-I-cum-Special Judge,

SC/ST, Ramgarh.

4. Let this matter appear on 06.12.2023.

( Sanjay Kumar Dwivedi, J.)

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