Patna High CourtCR. MISC./47827/2013dismissed

Sheo Govind Rai And ANR. v. State Of Bihar And ANR

2016-07-12Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47827 of 2013 ======================================================

1. Sheo Govind Rai , son of Late Sidhnath Rai resident of village Kritpura P.S. Buxar (M) District buxar

2. Gopal Sah son of Late Indradeo Sah resident of village Mahila P.S. Itarhi District Buxar .... .... Petitioner/s

Versus

1. The State of Bihar

2. Sohan Ram son of Late Darshu Ram resident of village Mahila P.S. Itarhi District Buxar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amrendra Kumar @ Dr. Amrendra Kumar For the Opposite Party/s : Mr. Ambika Bhagat(Spl.Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 12-07-2016 Heard Dr. Amrendra Kumar, learned counsel for the petitioners and Sri Ambika Bhagat, learned Special Public Prosecutor.

Two petitioners , invoking inherent jurisdiction of this court under section 482 of the Code of Criminal Procedure, have made a prayer for quashing of an order dated 20.8.2013 passed by learned 1st Additional Sessions Judge, Buxar in SC /ST Case No. 28 of 2012. By the said order petition filed on behalf of the petitioners under section 228 of the Cr.P.C. was rejected. Learned counsel for the petitioners tried to persuade the court that no offence under the provisions of SC /ST Act is made out and as such it was a fit case for remitting back the matter to the learned Magistrate for trial whereas Sri Ambika Bhagat,

Patna High Court Cr.Misc. No.47827 of 2013 (4) dt.12-07-2016 2/2 learned Special Public Prosecutor by way of referring to the averments made in the complaint petition submits that there is case showing violation of the provisions contained in SC/ ST Act. In view of the facts and circumstances, the court is of the opinion that there is no justified ground for interference with the impugned order.

The petition stands dismissed.

(Rakesh Kumar, J) Praful/- U T