ABHIMANYU CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is a petition under Section 482 of the Code of Criminal Procedure (referred to as "the Code", in short) for quashing order dated 7.2.1997 recorded by Sri D.N. Barai, Special Judge, Bhagalpur under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 in Complaint case No, 1 of 1997 whereby the learned Judge had directed the officer-in-charge of Harijan Police Station to register an FIR, investigate the case and to submit a report under the provisions of Section 156(3) of the Code, as well to quash the entire criminal procedure against the petitioners in pursuant thereto including order recorded by the Chief Judicial Magistrate, Bhagalpur dated 7.6.2000 in Protest-cum-Complaint Case No. 240 of 2000 whereby and were under the learned Court had ordered, after enquiry, for issuance of summonses against the petitioners for various offences under the Indian Penal Code as well under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) OPPOSITE Party No. 2, Ganga Rajak, the complainant; also appeared and filed counter-affidavit. In this case learned Counsel for the petitioners, for opposite party No. 2 and learned Public Prosecutor appearing on behalf of the State of Bihar have been heard, hence, this petition is being disposed of at this stage.

(3.) HOWEVER, by order dated 1.5.1998 the learned Special Judge transferred the entire case record to the Court of Chief Judicial Magistrate, Bhagalpur. Learned Counsels for the parties have admitted that this was done when it was held in judicial decisions that in case under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, the cognizance of the offence would be taken by the Magistrate concerned, not by the Special Judge.