Interim Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Ct. Cases 248-2024
NARESH KUMAR Vs. MANISH DALAL
07.08.2024
Fresh complaint received by transfer by order of ld.
Principle District & Sessions Judge, North West from the court
JMFC-02 North West. It be checked and registered.
Present: Sh. K.D. Pachauri, Ld. Addl. PP for the State.
Sh. B. P. Singh, ld .LAC for complainant.
This complaint was filed before ld. JMFC with the
allegation that on 26.05.2017 at about 11:00 pm complainant was
assaulted by the accused and insulted for his being a member of
scheduled caste but despite complaint no action was taken.
Record shows that ld. JMFC has already called for status report
in which IO had filed reply. But reply dated 29.03.2023 filed by
SI Virender PS Begumpur shows that accused is the member of
scheduled caste community.
The reply is prepared on the basis of one copy of
caste certificate provided by alleged Manish Kumar, however,
there is no verification about the genuineness of that caste
certificate.
The offence under Section 3 SC/ST Act can be
alleged only against a person who is not a member of scheduled
caste or scheduled tribe. It appears that the police did not take
action it was shown on record that the alleged person himself is a
member of scheduled caste category but same is not verified
from the authorities.
In these circumstances, it is necessary to verify the
caste of alleged accused before proceeding further. Therefore,
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notice be issued to SHO concerned to verify the caste of alleged
accused and file report on next date of hearing.
List on 31.08.2024.
VIKRAM
ASJ-II/SPECIAL JUDGE NDPS/
NORTH-WEST/ROHINI COURTS/
DELHI/07.08.2024
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