MAHESH KUMAR AGRAWAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Both the writ appeals involve common question of law and fact, therefore they were heard together and are being disposed of by this common judgment.

(2.) The above-stated two writ appeals have been preferred under sub-section (1) of Section 2 of the Chhattisgarh High Court (Appeal to Division Bench) Act, 2006, calling in question the order dated 11-8- 2017, by which the learned Single Judge has directed respondents No.1 to 4 / State to consider the allegations made by the writ petitioner in the FIR lodged by him and the statement recorded of him under Section 161 of the CrPC and to come to a conclusion with respect to whether the offence under the provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'the Act of 1989') is made out or not against the writ appellants.

(3.) The complainant / respondent No.5 herein filed a first information report against all the writ appellants stating inter alia that he is the Chief Municipal Officer of Municipal Council, Tilda-Neora and on the relevant date i.e. on 19-7-2016, the appellants herein who are President and Councillors of the said Municipal Council and their supporters came to his office and tried to create undue pressure upon him to act in a particular way and pressurised him to perform illegal acts by misusing the office which the writ petitioner being the law abiding officer declined as a result of which, on that day, they threatened, abused and assaulted the writ petitioner very badly on which report was lodged by the writ petitioner against the appellants herein pursuant to which offence under Sections 294, 323 and 506 read with Section 34 of the IPC was registered against them and thereafter, charge under Sections 186, 332, 353, 427 and 342 of the IPC was also added against them.