VIJAY KUMAR Vs. STATE OF M P

JUDGEMENT

(1.) By way of this petition under Section 482 of Cr.P.C. the applicants have challenged the order dated 18.6.2012 passed by the JMFC Balaghat in Criminal Case No.1008/2012 whereby the complaint of the respondents No.2 and 3 was registered against the applicants for the offence under Sections 294 and 323/34 of IPC and Section 3(1)(x) of the SC/ST (Prevention of Atrocities) Act, 1989 (for short "Special Act").

(2.) The factual backdrop of event giving rise to this petition is that the respondents No.2 and 3 had lodged a complaint against the applicants that the respondent No.2 Nitin Jadav was an Army man in Cobra Battalion No.208, Balaghat. On 11.9.2011 at about 10:00 AM the respondents No.2 and 3 appeared before the applicants and thereafter they were abused by the applicants on the basis of their caste and with obscene words. Also the respondent No.2 was assaulted by sticks, and therefore the respondent No.2 Nitin Jadav sustained a fracture in his leg. The respondent No.3 had sent an FIR dated 11.9.2011 to the Police Station AJAK Balaghat and SP Balaghat, but nothing was done by the police, and therefore the complaint was filed before the JMFC Balaghat.

(3.) After recording the statements under Sections 200 and 202 of Cr.P.C. the learned JMFC Balaghat has registered the complaint as mentioned above.