LAWS(CHH)-2022-4-74

GAGAN JAIPURIYA Vs. STATE OF CHHATTISGARH

Decided On April 11, 2022
Gagan Jaipuriya Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) This Criminal Appeal under Sec. 14-A of the SC/ST (Prevention of Atrocities) Act, 1989 (henceforth 'the Act of 1989') is filed against the order dtd. 3/3/2022 passed by the Special Judge (Atrocities), Janjgir, District Janjgir-Champa whereby the Appellants' application filed under Sec. 438 of Cr.P.C for grant of anticipatory bail has been rejected.

(2.) The Appellants are apprehending their arrest in connection with Crime No.02/2022 registered at P.S AJAKS, District Janjgir-Champa (CG) for the offence punishable under Ss. 294, 506 and 323/34 IPC and under Ss. 3(2)(V-A), 3(1)(n) and 3(1)(-) of the Act of 1989.

(3.) Prosecution case in brief is that the complainant, Timan Singh Raj who is the President of Shiksha Prasar Samiti, runs Educational Institutions and it is alleged that an employee of the Samiti namely Shri SP Tiwari (UDT) has been denied promotion wrongly and forgery has been committed by the complainant, therefore Shri Tiwari made a complaint for which, an enquiry committee has been constituted and the present Appellants were also included as member representatives on the request of Shri Tiwari and when the report was prepared for which, some interpolation has been made as per the allegations of the present Appellants, Shri Tiwari has been declined for his promotion, therefore, after coming the know the said fact, Shri Tiwari and the present Appellants have raised their voices. Then the complainant has lodged FIR that the Appellants have abused him in the name of caste and also threatened to kill him and beaten him, therefore, the aforesaid offence has been registered.