dismissal of application by the session(s) and high court
NAYAK MAFATLAL GORDHANDAS
(Querist) 09 March 2011
This query is : Resolved
Sir, I filed the application in session(s) court against District Collector who have made insult of my self in public by using shameful and unparliamentary words like:"TUM KAM NAHI KAR SAKTE HO TO RESIGN KAR DO GADHE, YOU GOT OUT" Being a person from Scheduled Castes, I filed it with the section of Atrocity Act. Court has oredered police Inquiry under cpc 202 on 21/10/2008. Police place his inquiry report to the court on 04/02/2009.Court continued without hearing.On 20/07/2010, court dismissed my application on the base that as per police inquiry report, no offence is made by the District Collector, although all the Bankers who were present in that meeting confirmed having insult done by the District Collector.On 17/01/2011, High Court also dismissed my revison appeal on the ground that offence is not happened as per police inquiry.
Sir, I seek your guidence in the matter that court order is legally valid? if it is decided by the police, what is the necessity of the courts? What is the real position of my case as per cpc and ipc?
Please guide me in the matter.
Thanks a lot, Sir.
madan kumar tiwary
(Expert) 09 March 2011
Why not you filed Complaint case in court. you should had been file protest petition . Right Now You can file LPA .Though under Defamation section 499/500 censoring is not an offence. so far SC St atrocities is concern, I dont think your case is covered under that section. DM censored you for your work treating you his employee.
Uma parameswaran
(Expert) 09 March 2011
Offenses under SC& St (prevention of Atrocity)Act needs to be investigate by the police officers not below the rank of DYSP.You have only one option .That is to move before Apex Court.
jitendra narain sinha
(Expert) 11 March 2011
I agree with mr.Uma Parameswaran as the offence commited in public view supported by bank authority.
NAYAK MAFATLAL GORDHANDAS
(Querist) 12 March 2011
Sir, it was complaint made under sections of ATROCITY Act, but was dismissed by the court on the base that as per police inquiry, offence is not happened.
Sir, I ask you if IAS officer speak non parliamentary words in pblic to the fellow from Scheduled Castes, why it not became the offence under CPC & IPC? Is IAS's non parliamentary words not covered under Atrocity Act? What is the meaning of Apex Court. High court has already dismissed myh revision appeal in this case, please guide me.
