Counsel for the applicant argues that during the pendency of the present proceedings, the applicant no.2 has died, therefore the present application is confined to only applicant nos.1,3 and 4.
Heard learned counsel for the applicant, Shri Anurag Pandey, learned counsel for the opposite party no.2, learned AGA for the State and perused the record.
The contention of the counsel for the applicant is that the informant belongs to the caste of 'Gond' which is neither SC nor ST and as such no offence can be said to be made out under Section 3(i) (r) of SC/ST Act under which the summoning order has been issued.
In support of his arguments he has filed the copy of the Govt. Order dated 26.10.2010 issued by the Secretary of State to all the District Magistrates clarifying that 'Gond' are SC/ST only in districts Mahrajganj, Jaunpur, Balia, Ghazipr, Mirzapur, and Sonebhadra, whereas the present case is of district Chandauli.
In view the above Govt. Order, it cannot be said that the informant is SC/ST, thus summoning under 3(i) (r) is improper. The present application is disposed of with a liberty to the applicants to file a discharge application seeking discharge through counsel by filing a proper application on or before 05.03.2021. In case such an application is filed before the court concerned, the same shall be decided within a period of two months from the date of filing of the application.
Till the disposal of the application, no coercive action shall be taken against the applicants nos.1,3 and 4 in complaint case no. 161/2018 (Balvant Vs. Raj Nath) under Sections 323, 325, 452, 504, 506 IPC and under Section 3(1) da of SC/ST Act, P.s. Chakiya, district Chandauli.
Order Date :- 8.2.2021 pks