HARENDRA PRASAD GOND Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD .

(2.) THE petitioner has challenged the order dated 24.1.2004 passed by the learned Additional Chief Judicial Magistrate, Saraikela, whereby he has rejected the petition under Sec.239 of the Code of Criminal Procedure, filed by the petitioner for his discharge.

(3.) THE petitioner has challenged the impugned order on the ground that he belongs to a caste (Gond), which has already been declared as scheduled tribe in the State of Bihar and he originally belongs to the district of Siwan, but after 1983 he was residing at Saraikela.