ANIL KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. S.B.K. Mangalam, learned counsel appearing on behalf of the petitioner, Mr. Jharkhandi Upadhyaya, learned Additional Public Prosecutor appearing for the State and Mr. Kapil Deo Singh, learned counsel appearing on behalf of the opposite party no. 2.

(2.) This application under. Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 24.11.2009 passed by the learned 1st Additional 'Sessions Judge, Saran at Chapra in S.C./S.T. No. 155 of 2009 (State vs. Anil Singh), whereby the learned Judge has been pleased to reject the petition filed under Section 227 of the Code of Criminal Procedure (hereinafter referred to as the 'Code') for discharge of the accused including the petitioner, of the offences punishable under Section 3(1)(x) of the S.C/S.T. (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the SC/ ST Act').

(3.) The prosecution case as according to the first information report is that the informant had his Gumti at Village Pakri Narotam in the district of Saran. It is alleged that on the date of occurrence i.e. 5.6.2007 at about 8 A.M., the accused persons including the petitioner, came at his residence and while abusing the informant by using his caste name, they took away his Gumti, after threatening him with arms. It is the case of the informant that in the year 2003 also, these accused persons had similarly set his Gumti on fire and for which he had instituted a case giving rise to Panapur P.S. Case No. 98 of 2003.