JAGRUMAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) -In this application the petitioner has sought for issuance of a writ of or in the nature of mandamus directing the (sic) quashing of a prosecution under Section 3 (1) (xi) and 3 (2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention or Atrocities) Act, 1989 (hereafter to be referred to as the said Act.) In complainant Case.Np. 795 (C) of 1991/20-C of l99l pending in the court of Ist Additional District and Sessions Judge, Bettiah, west Champaran which is the designated special court for the purpose of aforementioned Act.

(2.) In view of the point involved in this application, it is not necessary to notice the fact of the matter in great details.

(3.) The respondent No. 3 filed an application before the Chief Judicial Magistrate, west Champaran alleging inter alia therein that the petitioner had, on 27-8-1991 at about 9 P. M. trespassed into her house and committed rape on her. The Chief Judicial Magistrate appears to have upon perusal of the complaint petition come to the opinion that the allegations mads therein disclosed commission of offences under the said Aet. He therefore lent the complaint petition to the court of Special Judge constituted under Section 14 of the said Act.