KAPILDEO SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is an application under Section 482 of the Code of Criminal Procedure for quashing the entire proceeding of Complaint Case No. 115(0/2000 pending in the Court to SDJM Barh.

(2.) HEARD .

(3.) THE complaint petition shows that there are allegations against the petitioners, but they forcibly took away wheat crops from the field of the complainant and on protest abused and insulted him with an intent to humiliate him, who was a member of Scheduled Caste and they also resorted to firing. Therefore, the allegations make out offences under Sections 147 and 379, IPC. Section 27 of the Arms Act and Section 3 of the SC & ST (Prevention of Atrocities) Act for which the learned SDJM by the order dated 11.7.2001 has summoned the petitioners to face trial. It, of course, appears that prior to the above order, the learned ACJM, Barh had taken cognizance in the case. Section 14 of the Act also provides that the trial for the offences under the Act would be held in the Sessions Court. The Act, however nowhere provides that the cognizance for the offences under the Act would be taken by a Sessions Court. Therefore. though the trial for offences under the Act would be held in a Sessions Court, cognizance by the ACJM was not barred. There is no infirmity in this regard, of course, no offence under Section 4 of the Act is made out on the allegations, but for this the entire proceeding cannot be quashed. The petitioners may agitate about it at the time of framing of charge.