BALESHWAR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the petitioners and the A.P.P. appearing on behalf of the State.

(2.) This application has been filed against the order dated 13.09.2006 by which the Additional Chief Judicial Magistrate, Jhanjharpur, Madhubani has taken cognizance for the offences under Sections 323, 379, 504/34 of the Indian Penal Code and Section 3 (x) of the SC & ST (Prevention of Atrocities) Act in Samastipur SC/ST Police Station Case No. 116 of 2004.

(3.) From the First Information Report, it appears that infact this case has been instituted because of land dispute. In the First Information Report, it is mentioned that the petitioners did not allow him to build his house as he is a dhobi by caste. It is also alleged that the petitioners do not allow him (informant) to use the road which is shown as a road in the khatiyan. It has been alleged that the petitioner is said to have stopped the informant from utilizing his land to enable the informant to go to his plot of agricultural land.