SUB KARAN Vs. STATE

JUDGEMENT

(1.) BY means of this application moved u/s 482 of the Code of Criminal Proce dure, 1973 (hereinafter to be referred as Cr. P. C.), the petitioners have prayed for quashing the order dated 5 -5 -2000 and subsequent order dated 20 -6 -2000 in case No. 648 of 2000 State Vs. Sub Karari & others, u/s 147/379/504/506 of the Indian Penal Code, 1860 (hereinaf ter to be referred as I. P. C.) and 3/10 of Schedule Castes and Schedule Tribes (Pre vention of Atrocities Act) 1989 (herein after to be referred as S. C. /s. T.), pend ing in the court of Chief Judicial Magis trate, Tehri Garhwal.

(2.) IN brief, the facts of the case are that Respondent No. 2 Bhagat Dass lodged a FIR in the PS. Tehri, Distt. Tehri Garhwal on 09 -12 -1998 at 13:00 hours with the allegations that he has a field in Village Patta, Patti Sarjyula Khata No. 216 and in total 18 fields are there in which he is in possession. He has sowed the seeds - of Wheat, Barley, masoor and sarson in his field about one month ago. On 30 -11 - 1998 at about 10/11 A. M. , the applicants en tered into the fields of complainant and accused Sub Karan and Virendra ploughed the said fields and destroyed the crops sown by the Respondent No. 2 and they also stolen the grass and wood from his field. When his son Harish and his daughter in law Smt. Basi Devi saw accused Virendra and Sub Karan while ploughing the field and other accused Laxmi, Purna Devi, Tara Devi, Km. Bina and Ramlal ploughing the field and cutting the woods, they stopped them to do so. Then the appli cants have hurled abuses on the son and daughter in law of the complainant. They also stated that they will finish them and also told that they were of lower caste and this land does not be long to you. The applicants in order to humiliate them, repeatedly calling them as domra and chuda Chamar. Ap plicants Sub Karan and Virendra were armed with Lathis and rest of the ap plicants were armed with Lathis, Darantis and Kuntla and also said that if they will again come in the field, they will be killed. After that they also gave blows of fists and also pushed the son and daughter in law of the complainant. Then due to fear, son and daughter in law of complainant came back. It was also stated that the applicants also took grass of Rs. 1,000/ - and wood of Rs. 500/ - by way of theft. The witnesses of the incident were Vijal Das, Harish and Smt. Vasi Devi etc. On 30 -11 -1998, son of complainant came to him at Tehri and informed him about the incident but due to late time, he could not go on that day. On 1 -12 -1998, he lodged a report before the court of S. D. M. and the or der for investigation was passed, but the police had not taken any action and it was also stated that the applicants wanted to get possession on his old bro ken house.

(3.) THEREAFTER , the matter was Inves tigated by the I. O. After completing the investigation, the I. O. submitted the Final Report on 15 -12 -1998 before C. J. M. , Tehri, Distt. Tehri Garhwal. Against that Final Report, Respondent No. 2 had filed a protest petition before CJM, Tehri, Distt. Tehri Garhwal on 28 -4 - 2000 and in support of his protest petition, he has filed an affidavit with the averments that he has a field in Village Patta, Patti Sarjyula Knata No. 216 and in total 18 fields are there in which he is in posses sion. He has sowed the seeds of Wheat. Barley, masoor and sarson in his field about one month ago. On 30 -11 -1998 at about 10/11 A. M. , the applicants en tered into the field? of complainant and accused Sub Karan and Virendra ploughed the said fields and destroyed the crops sown by the Respondent No. 2 and they also stolen the grass and wood from his field. When his son Harish and his daughter in law Smt. Basi Devi saw accused Virendra and Sub Karan while ploughing the field and other accused Laxmi, Purna Devi, Tara Devi, Km. Bina and Ramlal ploughing the field and cutting the woods, they stopped them to do so. Then the appli cants have hurled abuses on the son and daughter in law of the complainant. They also stated that they will finish them and also told that they were of lower caste and this land does not be long to you. The applicants in order -to humiliate them, repeatedly calling them as domra and chuda Chamar. Ap plicants Sub Karan and Virendra were armed with Lathis and rest of the ap plicants were armed with Lathis, Darantis and Kuntla and also said that if they will again come in the field, they will be killed. After that they also gave blows of fists and also pushed the son and daughter in law of the complainant. Then due to fear, son and daughter in law of complainant came back. It was also stated that the applicants also took grass of Rs. 1,000/ - and wood of Rs. 500/ - by way of theft. The witnesses of the incident were Vijal Das, Harish and Smt. Vasi Devi.