MITHILESH PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Six Petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of an order dated 1.12.2001 passed by the learned Judicial Magistrate, 1st Class, Arrah in Trial No. 1121 of 2001. By the said order, learned Magistrate has taken cognizance of offences under Sections 147,323, 436/34 of the Indian Penal code and Section 3(x)(xv) of the Schedule Castes and Schedules Tribes (Prevention of Atrocities Act, 1989 (hereinafter referred to as ?the SC/ST Act?).

(2.) Short fact of the case is that Opp. Party No. 2 had earlier filed a written report before the Officer Incharge of Behea Police Station alleging therein that on 5.1.1999, while they were constructing house under Indira Awas Scheme?, accused persons armed with lathi and Bhala arrived there and abused the informant and other persons. They were restrained from proceeding with the work and accused persons also assaulted the informant?s side. It was alleged that accused persons had set on fire the hut of the informant. On the basis of written report, submitted by Opp. Party No. 2, an F.I.R. vide Behea P.S. Case No. 3 of 1999 was registered on 5.1.1999 for offences under Sections 147,323,504, 427 and 436 of the Indian Penal Code and under Section 3(v)(x) of the SC/ST Act. During the investigation, allegation made in the complaint petition was found not true and, as such, final report was submitted by the police. After submission of the final report, notice was issued to the informant and despite service of notice, Opp. Party No. 2 did not appear and, as such, by an order dated 13.10.1999, the learned Magistrate accepted the final report. While accepting the final report, the learned Magistrate also noticed that in the case a protest petition was also on record. Accordingly, it was directed to register a complaint case. After the protest petition was treated as Complaint, a case vide Trial No. 1121 of 2001 was registered. After conducting enquiry, the learned Magistrate vide its order dated 1.12.2001 took cognizance of offences under Sections 147, 323, 436/34 of the Indian Penal Code and Section 3(x)(xv) of the SC/ST Act.

(3.) Aggrieved with the order of cognizance, the Petitioners approached this Court by filing the present petition, which was admitted on 26.2.2004. While admitting, it was directed that during the pendency of the application, further proceeding in Tr. No. 1121 of 2001 pending in the court of Judicial Magistrate 1st Class, Arrah shall remain stayed . The order of stay is still continuing.