ASHOK KUMAR MISHRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Mr. Pandey, the learned counsel for the appellant submits that I.A. No.2131 of 2024 has been filed for staying the entire criminal proceeding of Dhanbad (Bhuli) P.S. Case No.1147 of 2013. He submits that the co-ordinate Bench, however, has issued notice in that I.A. observing that the prayer for bail of the appellant shall be heard after appearance of the respondent no.2. He submits that this has occurred inadvertently as the prayer was not meant for bail. He submits that the appellant has moved before the Court in Cr.M.P.No.4011 of 2022 which was dismissed as withdrawn with the liberty to file appeal under Sec. 14-A of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. He submits that the appellant has earlier filed the case against the informant of the present case as contained in Annexure-3 and thereafter as a counter-blast the present case has been lodged and the ingredient of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is not made out as the alleged occurrence is not said to be occurred in public view.

(2.) The notice was earlier issued upon the respondent no.2 and the said notice has been received by son of the respondent no.2, however, no appearance is made on behalf of the respondent no.2 as yet.

(3.) With a view to provide one more opportunity to the respondent no.2, this matter is being adjourned.