SANTOSH YADAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard. 1. This appeal is directed against order dtd. 4/10/2021 passed by the learned Special Judge (SC/ST Act), Balrampur at Ramanujganj, District-Balrampur-Ramanjuganj (C.G.) under Sec. 14(A) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act for grant of anticipatory bail.

(2.) Pursuant to the order dtd. 20/12/2021 an affidavit has been filed by the Superintendent of Police, District Balrampur-Ramanujganj (C.G.) in which it is stated that after registration of FIR, a notice dtd. 28/7/2021 has been issued under Sec. 91 of Cr.P.C. for producing the caste certificate, but the victim was failed to produce the same. Thereafter, the Sub Divisional Officer, Wadrafnagar, District-Balrampur-Ramanjuganj also issued letter dtd. 28/7/2021 to the Tahsildar, Ramchandrapur for issuance of caste certificate of victim, after that on 13/8/2021 the Sub Divisional Officer, Wadrafnagar issued letter to the Tahsildar, Ramanujganj, District-Balrampur for issuance of caste certificate of victim and on 31/8/2021 a notice under Sec. 91 of Cr.P.C. has been issued to the victim for producing the caste certificate. Further it is stated that on 4/10/2021 the Tahsildar, Ramanujganj sent a report stating that after examination of records it is found that Surguja State Settlement 1943-44 the caste of victim is "Parhiya", therefore, the victim/Devchand Pando is not eligible for issuance of caste certificate of Schedule Tribe, thus, the application for issuance of caste certificate is being rejected. After receiving the report from the Tahsildar, Ramanujganj, on 7/10/2021, the investigating Officer/Sub Divisional Officer (Police), Wadrafnagar sent proposal for deleting the sec. of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, on the basis of report of the Tahsildar, Ramanujganj, in which the Dy. Superintendent of Police, AJK, Balrampur, agreed with the proposal of Investigating Officer, Wadrafnagar. It is also submitted that on the basis of report of the Tahsildar regarding non-issuance of caste certificate in favour of the victim, the Superintendent of Police, Balrampur-Ramanujganj granted permission to delete the Sec. of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989. (Annexure D-7).

(3.) The appellant is apprehending his arrest in connection with Crime No. 27/2017, registered at Police Station-Ajak, Balrampur, District Balrampur (C.G.) for the offence punishable under Ss. 374, 506, 452 of the IPC and Sec. 3(1) 3(2) (V) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.