RAMLAL Vs. ANANT KUMAR AND OTHERS

JUDGEMENT

(1.) The petitioner seeks quashment of order dated 30-10-2001 passed Second A.S.J. Jabalpur, in Criminal Revision No. 66/2001, wherein petitioner's challenge to order dated 8th February, 2000, passed by J.M.F.C. Jabalpur, in Criminal Case No. 49/2000, stood disallowed and rejected.

(2.) As per certified copy of order dated 30th Oct., 2001, passed by Second A.S.J. Jabalpur, in Criminal Revision No. 66/2001, petitioner submitted a written report on 13-11-1999, against the respondents/accused, to Collector, Jabalpur, S. P. Jabalpur and D.S.P. Jabalpur, wherein, it was alleged that on 12th Nov., 1999, at 8 a.m. the respondents/accused started ploughing the field of the petitioner and when an objection was raised by the grandson of the petitioner, respondents/accused not only hurled abuses, but gave him a beating with sticks. Then the petitioner so also his wife tried to save the grandson but these two were also given a beating by the respondents/accused. Earlier to aforesaid incident, the respondents/accused committed criminal house trespass in the house of the petitioner and hurled abuses to him in respect of which, Police Station Barela, submitted a police report against the respondents/accused for offences punishable under Sec. 448, 291, 506, 323/34 of the Indian Penal Code.

(3.) On 15th Feb., 2000, the trial Court framed charges against respondents/accused for offences punishable under sections 447, 294, 506-B and 323/149 of the Indian Penal Code. The petitioner challenged the aforesaid order in Criminal Revision No. 91/2000, on this ground that an offence punishable under the SC/ST (PA) Act, 1989, which will hereinafter referred to as an Act, 1989, is also prima facie found to have been made out and hence the case was required to be committed. The learned A.S.J. Jabalpur disallowed and rejected the petitioner's Criminal Revision No. 91/2000 on 10-7-2000, on the ground that the petitioner is stated to be belonging of Jharia Caste, which does not fall within the categories of SC/ST.