Judgment:
IN THE HIGH COURT OF JHARKHAND RANCHI W.P. (Cr. No. 27 of 2013 Annu Sharma ... ... ... Petitioner Versus 1. The State of Jharkhand 2. Sri Manoj Kumar ... ... Respondents CORAM: HONBLE MR. JUSTICE PRASHANT KUMAR ............ For the Petitioner : Mr. Anil Kumar For the Respondents : Mr. Ram Nivas Roy, ........ 4/16.08.2013 It is submitted by learned counsel for the petitioner that informant has not disclosed his caste and/or community to which he belongs, which is one of the essential ingredients for constituting an offence under Section 3 (i) (x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act. Hence, it is submitted that prima-facie no offence under Section 3/4 of the Scheduled Castes and Scheduled Tribe (Prevention of Atrocities) Act is made out. Accordingly, it is submitted that institution of a case under the said Section is an abuse of the process of Court. Considering the aforesaid facts and circumstance, issue notice to respondent No. 2 as to why this application be not disposed of at the admission stage itself. Requisites for notice must be filed within one week under Registered cover with A/D as well as by ordinary process, failing which, this application shall stand rejected without further reference to a Bench. In the meantime, no coercive step shall be taken against the petitioner in connection with Patratu (Bhurkunda) P.S. Case No. 242 of 2012, corresponding to G.R. No. 4790 of 2012 pending in the court of learned S.D.J.M. Hazaribagh. (Prashant Kumar, J.) Binit