PRAMILA BAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This is an application filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail to the applicants, who are apprehending their arrest in connection with Crime No. 157/2006, registered at Police Station-Special Police Station, Dhamtari, District-Dhamtari (C.G.) for the offence punishable under Section 3 (1) (x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "the Special Act") and Section 3, 4, & 5 of the Chhattisgarh Tonahi Pratadna Nivaran Act, 2005 and Section 294 & 506 Part-II of the IPC.

(2.) The case of the prosecution is that these applicants went to the premises of the complainant namely Smt. Jamna Bai and they tried to dismantle the Khaprel house of the complainant. It is stated that when they were doing the said act, they had abused the complainant by caste and they had also used the word like 'tonahi'.

(3.) Learned counsel for the applicants submits that in fact, this matter appears to be a civil dispute between the parties. Referring to the copies of 2 sale-deeds, he submits that the land in question bearing Khasra No. 966 area 1.182 acres were purchased by the family members of the accused party by 2 different sale-deeds of area 1.40 acres and 0.42 acre on two different dates. Later on this old number of 966 was changed as the new revenue number of 1771 in revenue records. He refers to document Annexure-A/5. His submission is that the matter pertaining to this land is sub-judice before the revenue Court as against the order passed by the Teshildar, a revision was filed by the complainant party, which has been dismissed by the Upper Collector Dhamtari by order dated 8.9.2006(Annexure-A/7). He submits that after dismissal of the revision, the matter is pending before the Teshildar. His submission is that looking to the provisions of Special Act, 1989 and also looking to the provisions of the Chhattisgarh Tonahi Pratadna Nivaran Act, 2005, the offence under the aforesaid Sections would not be made out. He prays for releasing the applicants on anticipatory bail.