NARESH SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Being aggrieved by and dissatisfied with the order dated 24.08.2016 passed by the Special Judge, SC/ST, Begusarai in Sessions Trial No. 44 of 2010 arising out of Balia PS Case No. 199 of 2008, whereby and where under, appellant, Naresh Sah @ Ram Naresh Sah has been summoned to face trial invoking the power envisaged under Sec. 319 CrPC, filed instant appeal under Sec. 14A(1) of the SC/ST (POA) Act.

(2.) The main crux of argument raised on behalf of appellant is that the Court should not have acted on a petition filed on behalf of informant as the informant is not at all competent enough to sail the proceeding save and except to the extent of liberty granted in terms of Sec. 301(2) of the CrPC. Therefore, the prayer made on behalf of informant would not be recognisable, consequent thereupon, the learned lower court would not have taken cognizance thereof and so, summoning the appellant on that very score is found contrary to the spirit of law whereupon the order impugned is fit to be set aside.

(3.) Furthermore, to buttress such plea, put reliance in the case of Dhariwal Industries Limited Vs. Kishore Wadhwani as reported in (2016) 10 SCC 378.