GHULAM RABBANI Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. Rama Kant Sharma, learned senior counsel for the petitioners and Mr. Jharkhandi Upadhyay, learned Additional Public Prosecutor for the State.

(2.) THE petitioners, who are the father and son respectively, have chosen to challenge the order dated 09.05.2008 passed by the learned Additional Chief Judicial Magistrate, Patna City in connection with Sultanganj P.S. Case No. 12 of 2008, whereby cognizance has been taken under Section 323, 504/35 of the Indian Penal Code and Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(3.) THE tenor of the allegation, especially the last part of the First Information Report, makes it very clear that deliberately such facts were alleged, which would have entailed prosecution of the petitioners under Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The informant is a gardener in a college, where petitioner No. 1 is an Accountant.