Onkarjit Singh Ahluwalia @ Omkarjeet Singh v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.754 of 2018 Arising Out of PS.Case No. -65 Year- 2009 Thana -SC/ST District- BEGUSARAI =========================================================== Onkarjit Singh Ahluwalia @ Omkarjeet Singh, Son of Late Sardar Singh, Resident of Mohalla-New Colony Ulao, P.S.-Muffasil, District-Begusarai, presently residing at 101 Indra Park, Model Town, P.S.-7, District-Jalandhar, Punjab. .... Appellant/s
Versus
1. State of Bihar.
2. Manju Devi, Wife of Mannu Rajak, Resident of Mohalla-New Colony Ulao, P.S.-Muffasil, District-Begusarai. .... .... Respondent/s =========================================================== Appearance :
For the Appellant/s : Mr. Saket Tiwary, Adv For Informant : Mr.Ashish Giri, Adv. : Mr.Sandip Kumar Gautam, Adv.
: Mr.Sumit Kumar Jha, Adv.
: Mr. Rajat Kumar Tiwary, Adv.
For the Respondent/s : Mr. Binay Krishna, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 03-05-2018 Heard learned counsel for the parties.
This appeal has been preferred under Section 14A(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, by accused-Onkarjit Singh Ahluwalia @ Omkarjeet Singh of Begusarai SC/ST P.S. Case No.65 of 2009, corresponding to Sessions Trial No.301 of 2016. By the impugned order, dated 16.12.2016, the learned Special Judge (SC/ST Act), Begusarai, has rejected the prayer of the appellant to discharge.
It has been informed by the learned counsel for the parties that co-accused-Daljit Singh had challenged the order of refusal to discharge dated 01.12.2017 passed in the same case in Cr.Appeal (SJ) No.177 of 2018.
This Court by order dated 17.04.2018
Patna High Court CR. APP (SJ) No.754 of 2018 dt.03-05-2018 considering the material available on the record, refused to interfere with the order of refusal of discharge. The same order and reason is applicable in the matter of present appellant also. After going through the order dated 17.04.2018 passed in Cr.Appeal (SJ) No.177 of 2018 which is an order passed in the matter of co-accused, I do not find any reason to take a different view in the matter of the appellant. Hence, this appeal stands dismissed.
(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date05.05.2018 Transmission Date 05.05.2018