ABHAYJIT SINGH PARIHAR Vs. MAUSAM PASI

JUDGEMENT

(1.) This petition under section 482 of the Cr.P.C., 1973 has been filed to invoke the extraordinary jurisdiction of this Court and to quash the proceeding of ST No. 156/2016, pending before the Court of Special Judge under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Jabalpur.

(2.) Filtering the unnecessary details, the facts requisite for deciding the case are that, the complainant/respondent No. 1 Mausam Pasi has filed criminal complaint case against the petitioner No. 1 - A.S. Parihar who is the sanitary inspector and the petitioner No. 2 - D.R. Singh who is health inspector in Cantonment Board, Jabalpur for offences punishable under Sections 294, 325, 506 read with Section 34 of the IPC and sections 3, 4 and 10 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Learned JMFC vide order dated 23.07.2014 took cognizance of the offences and registered the criminal case. After the committal of the case it is pending before the Court of Special Judge.

(3.) In the complaint it is alleged that on 11.02.2014 at about 09:30 p.m. door of complainant's house was knocked. When the complainant opened the door, he found that four persons Anurag Acharya, D.R. Singh (petitioner), Abhijeet Parihar(petitioner), Naib Subedar, Raajveer, QRT, GRC entered into his house forcibly and inflicted injuries on him by kicks and fists. It is also contended that The shop owned by the complainant was called to be vacated and because of this, they threw the articles kept in the shop. The complainant allegedly suffered loss of Rs. 2 Lacs.