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Ratan Devasi vs. State of Rajasthan & Anr.

52.00 5.20

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Penal Code, 1860–Secs. 440, 352 & 379 [Corresponding Secs. 324(6), 131 & 303(2) of BNS, 2023]–Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989–Secs. 3(1)(v), 3(1)(x) & 3(1)(xv)–Cognizance for the offence–Sustainability–The complainant has not categorically stated that the petitioners were the ones who demolished the house with the help of JCB machine nor has clearly identified them as those who removed household items using the tractor trolley–Allegations regarding demolishing and theft are made in vague and general terms–No direct allegation has been made against the petitioners concerning the offences u/ss. 3(1)(v), 3(1)(x) & 3(1)(xv)–Order of taking the cognizance to this extent is liable to be quashed.