Irfan Ansari vs The State Of Jharkhand And Another
2023 Latest Caselaw 3317 Jhar

             IN THE HIGH COURT OF JHARKHAND, RANCHI
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W.P.(Cr.) No. 638 of 2023

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      Irfan Ansari                                    .... Petitioner
                               --   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 Petitioner :- Mr. Indrajit Sinha, Advocate For the State :- Mr. Deepankar Ray, Advocate

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2/01.09.2023 Learned counsel for the petitioner submits that the petitioner has never misused his power to influence the local administration which also finds support to the fact that the complainant has already lodged one case earlier as SC/ST P.S. Case No.01 of 2021 against the persons indulged in the land dispute in the year 2020-21. He submits that complainant is habitual in filing the criminal case even in the land dispute misusing the special protection guaranteed by the Constitution of India in terms of SC/ST Act. He submits that the petitioner is nothing to do with the Dharna made by the complainant in the court premises at Jamtara. He submits that the petitioner has falsely been implicated and this is a misuse of Scheduled Castes and Scheduled Tribes (Prevention of Atrocity) Act. He submits that the case of the petitioner is fully covered in view of the judgment of Hon'ble Supreme Court in the case of Ramesh Chandra Vaishya v. The State of Uttar Pradesh and Another, 2023 LiveLaw (SC) 469.

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 a week.

3. Mr. Deepankar Ray, the learned counsel for the respondent State will take instruction on behalf of the State and file counter affidavit within four weeks.

4. Let it appear on 01.11.2023.

5. Till the next date, no coercive steps shall be taken against the petitioner in connection with SC/ST Case No.08 of 2022, pending in the court of learned Additional Sessions Judge-III cum Special Judge, Dumka.

( Sanjay Kumar Dwivedi, J.)

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