Sangita Devi And ANR v. The State Of Bihar

Patna High Court CR. APP (SJ) No.757 of 2017 (02) dt.20-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.757 of 2017 Arising Out of PS.Case No. -40 Year- 2016 Thana -SC/ST District- MADHEPURA ======================================================

1. Sangita Devi, wife of Nageshwar Mehta

2. Nageshwar Mehta, Son of Late Baijnath Mehta Both resident of VillageMeheshua, P.S.- Madhepura (Bharrahi O.P.), District- Madhepura. .... .... Appellant/s

Versus

1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Praveen Kumar Agrawal -Advocate For the Respondent/s : Mr. Binay Krishna-S.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 20-04-2017 Learned counsel for the appellants seeks withdrawal of instant appeal against appellant no.2, Nageshwar Mehta, on account of his apprehension and the same is allowed. Heard learned counsel for the appellant no.1 as well as learned Special Public Prosecutor.

Learned Special Public Prosecutor has referred extraordinary Gazette Notification dated 11.07.2015 and further, submitted that 'Jolha' happens to be under OBC (Annexure-1) and so, registration of this case under S.C./S.T. (Prevention of Atrocities) Act happens to be bad.

Accordingly, instant appeal would not lie in the aforesaid background even registration of instant case, apart from other Section of Penal Law, under S.C./S.T. (Prevention of

Patna High Court CR. APP (SJ) No.757 of 2017 (02) dt.20-04-2017 Atrocities) Act as victim does not belong to S.C./S.T. Community. That being so, the learned lower Court would pass an order in accordance with law if approached by the appellant. With the aforesaid observation, instant appeal is disposed of.

Vikash/- (Aditya Kumar Trivedi, J) U T