Disposed

Hare Ram Yadav and Ors. v. State Of Bihar and Anr.

Patna HC5 Dec 2012CR. MISC./32536/2012

Case brief

AI extract

What is this about?

The single judge dismissed the petition seeking quashing of the order where the C judge took cognizance under the SC/ST Act in Brahmpur P.S. Case No. 186 of 2009, holding that interference is not inclined at this stage, though the SC/ST Act issue may be determined at the stage of framing of charge.

What did the court decide?

Application disposed of; issue regarding SC/ST Act applicability reserved for the stage of framing of charge.

Hare Ram Yadav and Ors. Vs State Of Bihar and Anr. — Caste Atrocities | Patna HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.32536 of 2012

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====================================================== 1. Hare Ram Yadav, S/O Teju Yadav, R/O Chakki Laxman Dera, P.S.Brahmpur, Distt.- Buxar 2. Abhay Yadav, S/O Pashupati Yadav, R/O Chakki Laxman Dera, P.S.Brahmpur, Distt.- Buxar 3. Raj Kumar Yadav, S/O Late Dahin Yadav, R/O Chakki Laxman Dera, P.S.- Brahmpur, Distt.- Buxar 4. Kanhaiya Yadav, S/O Dahin Yadav, R/O Chakki Laxman Dera, P.S.Brahmpur, Distt.- Buxar 5. Tarkeshwar Yadav, S/O Dushan Yadav, R/O Chakki Laxman Dera, P.S.Brahmpur, Distt.- Buxar 6. Jagpati Yadav, S/O Teju Yadav, R/O Chakki Laxman Dera, P.S.Brahmpur, Distt.- Buxar 7. Hare Kishun Yadav, S/O Teju Yadav, R/O Chakki Laxman Dera, P.S.Brahmpur, Distt.- Buxar 8. Hare Ram Yadav, S/O Late Dahin Yadav, R/O Chakki Laxman Dera, P.S.- Brahmpur, Distt.- Buxar

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.... .... Petitioner/s .... .... Opposite Party/s

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Versus

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The State Of Bihar

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Manager Ram, S/O Late Bahadoor Ram, R/O Chakki Rangi Dera, P.S.Brahmpur, Distt.- Buxar

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====================================================== Appearance : For the Petitioner/s : Mr. Arvind Kumar, Adv. For the State : Mr. S.D. Singh Yadav, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER

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2. 05.12.2012 Heard learned counsel for the Petitioners and the

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State.

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The Petitioners seek quashing of the order dated 26.4.2012 passed by the Chief Judicial Magistrate, Buxar, in Brahmpur P.S. Case No. 186 of 2009 by which it has taken cognizance also under the Provisions of SC/ST Act.

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It has been submitted that in the facts of the case, no

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Patna High Court Cr.Misc. No.32536 of 2012 (2) dt.05-12-2012

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offence under the SC/ST Act is made out.

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Since cognizance is taken of the offence and not of

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a particular Section, I am not inclined to interfere in the matter.

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However, this aspect of the case may be determined at the stage of framing of charge.

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With this observation, the application is disposed

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off.

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(Anjana Prakash, J.)

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S.Ali

Hare Ram Yadav and Ors. v. State Of Bihar and Anr.

Case brief

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Hare Ram Yadav and Ors. v. State Of Bihar and Anr.

Case brief

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