BIPIN KUMAR JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the parties.

(2.) The instant appeal has been filed under Sec. 14(A)(2) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 against the order dtd. 20/9/2022 passed by learned 3rd Additional Sessions Judge-cum-Exclusive Judge, SC/ST (POA) Act, Darbhanga in SC/ST GR case No. 43/ 2021, arising out of Manigachhi P.S. case No. 38/2021, whereby the appellant's prayer made under Sec. 227 of the Cr. P. C. for discharge has been rejected.

(3.) The main submissions advanced by learned counsel for the appellant are that learned trial court rejected the appellant's prayer made under Sec. 227 of the Cr. P. C. for his discharge without discussing the evidences against the appellant which do not even prima facie attract the alleged offences against him and the said order has been passed without application of judicial mind and the allegations levelled against the appellant in the F.I.R. are totally false and during investigation, the Investigating Officer did not find any incriminating material at the place of occurrence at the time of inspection which is sufficient to falsify the allegations levelled in the F.I.R.