ASHOK KUMAR JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Dr. Ashok Kumar Jha, Dr. Deo Nandan Prasad happen to be the petitioners of Cr.Misc.No.847/2010 while in Cr. Misc. No. 26699 of 2009, Dr. Gopal Mishra happens to be petitioner who have challenged order dated 13.4.2009 passed in Complaint Case No. 2581 of 2008 by which learned lower court, Sri Daya Shankar Singh, J.M. 1 st Class, Begusarai had summoned all of them to face trial for an offence punishable under Section 341 as well as 3(x) of SC ST (PA) Act.

(2.) On 18.11.2008, O.P. No.2, Anil Kumar an employee of Sadar Hospital, Begusarai filed complaint against all the petitioners disclosing therein that he happens to be a member of scheduled caste and is presently employed at Sadar Hospital, Begusarai. On 18.11.2008 at about 2:00 P.M. while he was proceeding towards chambers of Civil Surgeon, he was intercepted by all the accused in midst of way. Dr. Deo Nandan Prasad caught hold his collar and abused and further said that as he happens to be Deputy Superintendent therefore he has to abide by his direction. On his protest and further disclosing that written order be issued thereupon, Dr. Gopal Mishra and Dr. Ashok Kumar Jha spat over his mouth. He rushed to Sadar Hospital but as the police failed to entertain him therefore complaint has been filed.

(3.) It has been submitted on behalf of the petitioners of both the petitions that the order impugned is bad in law as well as on facts hence is fit to be set aside. Then submitted that the allegation whatever been alleged in the complaint is as such that no prudent man can accept the same nor it is expected at the hands of petitioners who happens to be doctors of Sadar Hospital to indulge in such kind of nefarious activities. So it comes within one of the category identified under Bhajanlal Case.