SUBRATA DAS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal by special leave arises out of an order passed by the High Court of Jharkhand at Ranchi whereby a petition under Section 482 Cr.P.C. filed by the appellant has been dismissed and an order dated 20th March, 2003 passed in Criminal Revision No. 229 of 2002 by the Additional Sessions Judge, Dhanbad upheld. The High Court has taken the view that since two Courts below had concurrently held that a prima facie case under Sections 341, 323 and 506 IPC and Sections 3(i)(x) and 2(vii) of the Scheduled Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989 had been made out against the petitioner (appellant herein) it was not a fit case in which the proceedings before the Magistrate could be quashed. The controversy arises in the following backdrop:

(2.) A complaint was filed by the complainant-respondent No. 2 herein before the Chief Judicial Magistrate, Dhanbad against the appellant and one Shri D.B. Raman, Manager of TI SC O Jamadoba Colliery, district Dhanbad alleging commission of offences punishable under Sections 341, 323, 506 and 384 IPC and Sections 3(1) & (2) (vii) of the Scheduled Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989. Statements of the complainant and three other witnesses, Anil Bhagti, Ram Prasad and Krishna Mandal were recorded by the Court in support of the complaint. The Chief Judicial Magistrate, however, came to the conclusion that none of the allegations made against the accused were proved to be correct to call for action on the basis thereof. The complaint was accordingly dismissed.

(3.) Aggrieved by the dismissal of his case, the complainant filed a revision before the 5th Additional Sessions Judge, Dhanbad who examined the matter at length including the evidence on record and came to the conclusion that a prima facie case had indeed been made out by the complainant against the accused. The order passed by the Chief Judicial Magistrate was accordingly set aside and the matter remanded back to the Chief Judicial Magistrate, Dhanbad for "reviewing the same afresh" after going into the details of evidence on record and the relevant provisions of law. A revision was then filed by the accused including the appellant herein before the High Court of Jharkhand at Ranchi, in which it was, inter alia, contended that since the Chief Judicial Magistrate had no power to review his own orders the direction issued by the 5th Additional Sessions Judge, Dhanbad, was legally erroneous. The High Court, however, clarified that the directions issued by the 5th Additional Sessions Judge was a direction for a further enquiry to be conducted by the Chief Judicial Magistrate under Section 398 Cr.P.C.