GANESH SAO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Lalan Kumar Singh, learned counsel appearing for the appellants, Mr. Arup Kumar Dey, learned counsel appearing for the State and Ms. Malsi Pathak, learned counsel appearing for respondent no.2 and Mr. Amritansh Vats, learned Amicus Curiae appearing for respondent no.2, who was appointed by the Coordinate Bench vide order dtd. 22/7/2024.

(2.) This appeal is directed against the order dtd. 6/3/2024 passed in A.B.P. No.351/2024 by the learned Additional Sessions Judge-VI, Hazaribag in connection with Ichak P.S. Case No.154/2023, registered under Ss. 323, 354, 379, 452, 506 of the Indian Penal Code read with Sec. 3(i)(c), 3(1)(v), 3(1)(x) of SC/ST Act, pending in the Court of the learned Special Judge, SC/ST Act, Hazaribag.

(3.) Mr. Lalan Kumar Singh, learned counsel appearing for the appellant submits that there is land dispute for that Title Suit No.115/2021 is pending before the Civil Judge, Junior Division-I, Hazaribag with regard to Khata No.3, Plot No.640, total area 9 decimals and Plot No.714, total area 61 decimals in which the appellant nos. 1 and 3 are the defendant Nos. 4 and 5 and since 2021, there is a land dispute between the parties and, therefore, the present case has been filed only to take revenge and harass the appellants. He further submits that once proceeding under Sec. 144 Cr.P.C. was also initiated being Misc. Case No.183/2021 against appellant nos. 1 and 3 with regard to the same Khata, which was also the subject matter in the said title suit. He submits that in view of that, prima facie case not not made out under SC/ST Act and, therefore, this appeal is maintainable.