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Judgment
Sanjay Kumar Dwivedi, J
Learned counsel for the petitioners submits that the present case has been filed alleging therein that while doing puja the members of the informant party came there and created trouble. He submits that final form has been submitted against respondent no.2 due to lack of evidence. He submits that respondent no.2 has also filed Topchanchi P.S.Case No.81 of 2022 which was finally converted into SC/ST Act wherein allegations were made by way of calling caste name the petitioners were addressed to respondent no.2. He submits that in that case final form against respondent no.2 has been filed as lack of evidence however in respect of other persons prima facie case was found. He submits that dispute is with regard to possession of pond. He submits that there is case and counter case and unnecessarily the petitioners have been harassed. He submits that the informant of this case has died.
Issue notice upon the O.P.No.2 by registered post with A/d as well as under ordinary process for which requisites etc. must be filed within three weeks.
Till next date, the petitioners shall not be arrested in connection with Topchanchi P.S.Case No.81 of 2020, corresponding to SC/ST Case No.68 of 2020, pending before Additional Sessions Judge-VI cum Special Judge (SC/ST), Dhanbad.
It is made clear that there is no stay on the investigation and investigating officer shall investigate the matter in accordance with law.
Let it appear on 21.6.2023.