Patna High Court Cr.Misc. No.26434 of 2004 (6) dt.11-08-2011
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26434 of 2004
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Hari Shanker Singh & Anr
…. …. Petitioner/s
Versus
State Of Bihar & Anr
…. …. Opposite Party/s
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with
Criminal Writ No.286 of 2002
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Baban Singh @ Jaimangal Singh & Ors
…. …. Petitioner/s
Versus
State Of Bihar
…. …. Respondent/s
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Appearance :
(In Cr.Misc. No.26434 of 2004)
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
(In CR. WJC No.286 of 2002)
For the Petitioner/s : Mr.
Mr. Manindra Kishore Singh
For the Respondent/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA
AND
HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN
6 11-08-2011 This application was dismissed for non-prosecution
vide order dated 08.08.2011. Counsel for the petitioners
thereafter mentions this case before us making a prayer therein
that they should be taken in view of the fact that the question
that has been raised before the Division Bench has already been
decided by this Court in the case of Smt. Ram Deni Devi &
Another vs. The State of Bihar through its Chief Secretary &
Otehrs [2011 (1) PLJR 1097 D.B.].
Patna High Court Cr.Misc. No.26434 of 2004 (6) dt.11-08-2011
Considering this aspect, the Court had ordered for
listing of these cases under the heading ‘to be mentioned’.
The question that has been raised by the Counsels
for the petitioner is that the notification issued by the State
Government on 3rd June, 2002 is violative of Section 9 of the
Act of 1989 and Rule 7 of the Schedule Caste and Schedule
Tribes (Prevention of Atrocities) Act, 1995. This Court while
dealing with this aspect of the matter has hold that any
investigation made by the Police Officers below the rank of
Deputy Superintendent of Police after the date of the rules i.e.
31st March, 1995 and prior to 09th August, 2008 and consequent
prosecution will not stand violative by the notification dated
03rd June, 2002, published on 09th August, 2008 on the ground
that it would be perspective in nature, rather then retrospective.
In the present case, the First Information Report was
instituted on 12.08.1998 and the charge sheet was submitted on
22.09.2008, which brings it within the purview of the judgment
in the case of Smt. Ram Deni Devi (supra).
Since, there was no stay granted y this Court while
referring the matter to the Division Bench, it is supposed that
the trial must have commenced and reached to its finality by
now. Therefore, this Court is finding difficult in quashing the
Patna High Court Cr.Misc. No.26434 of 2004 (6) dt.11-08-2011
allegations as far as they relate to the provisions of the Schedule
Caste and Schedule Tribes (Prevention of Atrocities) Act.
However, this Court gives liberty to the petitioners to raise this
issue during the hearing of the appeal as it would affect the
sentence that can be imposed on the petitioner if he has been
found guilty for the offences alleged.
Criminal Misc. No. 26434 of 2004 is disposed of
with the aforesaid observations.
So far as order dated 08.08.2011 passed in
Cr.W.J.C. 286 of 2002 is concerned, the order will prevail.
(Shyam Kishore Sharma, J)
(Sheema Ali Khan, J)
Prabhakar Anand/-