High Court Patna High Court - Orders

Rakesh Prasad & Ors vs State Of Bihar & Anr on 3 August, 2011

Patna High Court – Orders
Rakesh Prasad & Ors vs State Of Bihar & Anr on 3 August, 2011
                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                         Criminal Miscellaneous No.43268 of 2008
                            1. Rakesh Prasad
                            2. kishanlal kushwaha
                            3.Firangi Lal Kushwaha
                            4. Rajesh Kumar Kushwaha
                            5. Daud @ Md. Daud
                            ----------------------------- Petitioners
                                             Versus
                                   State Of Bihar & Anr
                                ----------------------------------

2 3.8.2011 Heard learned counsel for the parties.

                           Offences            includes            sections

               3(iv)(v)(x)(xi)          of     SC/ST      (Prevention     of

Atrocities) Act. It is made clear that one is

missing in the complaint petition. Attack on

sub-section (i) of section 3 of SC/ST Act is on

the point of complainant’s caste that he is

member of Muryari not from Scheduled Tribe

while this much is opposed on the ground that

complainant is from Munda community (ST). Other

offences are under different sections of IPC

are said falsely made without any occurrence is

not the stage to consider. However, there is

allegation for constituting the offences under

different sections of the IPC. As about

constitution of offence under SC/ST (Prevention

of Atrocities) Act, their claim and counter

claim can be well scrutinized at the stage of

framing charge in the case and subsequent stage
2

by the Trial Court in C.A. Case no. 586/07.

With such observation, this application

is disposed of.

AI                                 ( Mandhata Singh, J.)