JHAGRU MAHTO 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 (sic) quashing of a prosecution under Section 3(1)(xi) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereafter to be referred to as the said Act.) In complaint case No. 795 (C) of 1991/20-C of 1991 pending in the Court of 1st 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 made therein disclosed commission of offences under the said Act. He therefore sent the complaint petition to the Court of Special Judge constituted under Section 14 of the said Act,