SHATRUGHAN BHAGAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) The instant appeal has been filed under Sec. 14A(1) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities Act), 1989 against the order dtd. 31/5/2023 passed by the learned Additional Sessions Judge-I-cum- Special Judge SC/ST (POA) Act in SC/ST case No. 48/ 2022, arising out of Madhepura P.S. case No. 428/ 2022, registered for the offences punishable under Sec. 448, 341, 323, 354A, 506, 427 read with sec. 34 of the IPC and under Sec. 3(i)(r)(s) and 3(ii)(v)(a) of SC/ST Act whereby the learned trial court has taken cognizance of the offences punishable under Sec. 341, 323, 379, 380, 427, 448, 354-A, 504, 506, 34 of the IPC and under Sec. 3(i)(r)(s) of the SC/ST Act against the appellants.

(2.) Mr. Shailendra Kumar Singh, learned counsel for the appellants submits that as a matter of fact the informant and her family members encroached the passage of the appellants' house and in this regard, several independent witnesses were examined during investigation who completely supported the said matter and on several occasions the appellants told the informant's side to remove the said encroachment and finally the appellant No.2 initiated an encroachment proceeding against the informant's father-in-law and then on 5/5/2022 under the supervision of Circle Officer, the police officials with armed force including lady Constables removed the said encroachment using JCB machine etc. It is further submitted that during the process of removing of the encroachment, Ranjan Devi (respondent No.2) sustained injuries and at that time, none of the appellants was present at the place of occurrence and after removal of the encroachment by the officials of the District Administration, the respondent No.2 lodged Madhepura PS case No. 428 of 2022 which was investigated and the police submitted final form in favour of the appellants with a conclusion that the allegation made by the respondent No.2 was completely false. It is further submitted that in support of the proceeding of encroachment several documents relating to encroachment proceeding have been filed vide Annexures- P-3, P-4 and P-5. It is further submitted that respondent No.2 filed her case with malafide intention and the learned trial court took cognizance of the alleged offences in mechanical manner which is completely an abuse of the process of the Court. Learned counsel placed his reliance upon the judgement of this court passed in Cr. Misc. No. 43748 of 2013 (Vinay Kumar vs. the State of Bihar & Anr.)

(3.) On the contrary, Mr Sanjay Kumar Singh, learned counsel for the respondent No.2 vehemently opposed this appeal and submitted that there are sufficient materials against the appellants to proceed for the alleged offences and the mother-in- law of respondent No.2 was brutally assaulted by the appellants who died during the course of medical treatment and the I.O. intentionally withheld the post mortem report of the said deceased.