SADRE ALAM SON OF LATE IMAM HUSSAIN AT PRESENT PRINCIPAL COLLEGE OF ARTS AND CRAFTS Vs. STATE OF BIHAR AND JANARDHAN HEMBRUM SON OF CHANAK LAL HEMBRUM

JUDGEMENT

(1.) The petitioner, who was at the relevant time Principal of Arts & Crafts College, Budha Colony, Patna, has approached this Court, while ng its inherent jurisdiction under Section 482 of the Code of al Procedure, with a prayer to quash an order dated 29.07.2002 by the learned Judicial Magistrate, 1st Class, Patna in Complaint No. 552(C) of 2002, Trial No. 1592 of 2002.

(2.) Short fact of the case is that Opp.Party No. 2 filed a complaint in the court of the learned Chief Judicial Magistrate, Patna, which was registered as Complaint Case No. 552C of 2002. In the complaint petition, it was alleged that the complainant had approached the petitioner for payment of his due salary of 18 days, i.e. from 1.9.2000 to 18.09.2000. However, when the petitioner was approached by the complainant, he was abused and also assaulted. The complainant alleged that he was member of Scheduled Tribe and while abusing, the petitioner had also committed offence under provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. After filing of the complaint, the complainant produced two witnesses in support of his complaint, namely, Dharmendra Kumar and Raj Kumar. After conducting enquiry, the learned Magistrate by an impugned order, i.e. order dated 29.7.2002 took cognizance of offences under Sections 323, 341, 504 of the Indian Penal Code and directed for summoning the petitioner.

(3.) Aggrieved with the order of cognizance, the petitioner approached this Court by filing the present petition. On 18.4.2003, while issuing notice to Opp.Party No. 2, this Court directed that in the meantime, further proceeding pending in the court of learned Judicial Magistrate, 1st Class, Patna in Complaint Case No. 552 (C)/2002, and Tr. No. 1592 of 2002 shall remain stayed. Subsequently, on 19.10.2005, the case was admitted for hearing and it was directed that during the pendency of this application, interim order passed on 18.4.2003 shall remain operative. The order of stay is still continuing.