AMIT KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Ms. Shatabdi Sinha, learned counsel for the appellant, Mr. Binay Krishna, learned Special Public Prosecutor for the State duly assisted by Mr. Harsh Vardhan, learned counsel for the informant.

(2.) The present memo of appeal is being for setting aside of the cognizance order dtd. 9/11/2022 passed by learned Special Judge, SC/ST (POA) Act, Samastipur in connection with Complaint Case No. (C.R. No.) 119 of 2021, whereby and whereunder the learned court has taken cognizance for the offence under Sec. 323 of the Indian Penal Code (in short the 'I.P.C.') and Sec. 3(i)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the 'SC/ST Act') against the appellant.

(3.) The facts of the case in brief is that on 17/6/2021, the complainant-opposite party no. 2 has filed the instant complaint petition being Complaint Case No. 119/2021 before the court of Additional District and Sessions Judge-1-cum-Special Judge, SC/ST (POA) Act, Samastipur against the appellant alleging therein that O.P. No. 2/complainant, who is a member of scheduled castes and works as a labour, engaged by the appellant for painting his house in November 2020 against settled labour charge of Rs.10,000.00, he started the work along with his other co-labourer, for which the appellant had given him Rs.5000.00 and promised to pay the remaining amount after completion of work. O.P. No. 2/complainant completed the whole work. On 13/6/2021, when complainant was standing near a shop, he saw that appellant was coming in car along with driver, he stopped him and demanded his remaining amount i.e. Rs.5000.00, the appellant get down from his car and assaulted the O.P. No. 2/complainant and also said him as 'Saala Dusaad'. When the O.P. No. 2/complainant defended himself, the appellant started beating him, where he saved him anyhow.