ANIRUDH RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the counsel for the petitioner and the counsel appearing for opposite party no. 2.

(2.) THIS application has been filed for quashing the order, dated 16.11.2002, whereby the Judicial Magistrate, 1st Class, Bettiah, has taken cognizance against the petitioner under Sections 323, 504, 448 and 325 of the Indian Penal Code and under Sec.3(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(3.) COUNSEL for the petitioner submits that in the entire complaint petition only allegation against the petitioner is that he has given "hurra" blow in the abdomen of the complainant. There is no allegation that the petitioner abused and called him "chamar" or "harijan". There is nothing to show that prima facie any case under Sec.3(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, is made out against the petitioner. The petitioner has annexed entire order -sheets of Encroachment Case No. 2 of 1997 -1998. It has been submitted that the complaint petition has been filed as the complaint made by Dukhhi Sah and others encroachment case was initiated against the complainant. The complainant had encroached upon the public land and the public road. When the proceeding was initiated notice was issued to him and enquiry was conducted, after notice under Sec. 6 of the Public Land Encroachment Act. Measurement of the land was done by the Anchal Amin and Anchal Nirikchak and finally a finding was recorded that the complainant has encroached upon the land of khesra no. 323 and a direction was issued to remove the encroachment. When the order for removal of encroachment was made and the encroachment was removed, with the help of Circle Officer, Bettiah, and others, complaint case has been filed by the complainant.