RAM PRAMOD SAH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard Sri Rajesh Mohan, learned counsel for the petitioners and Sri Madan Kumar, learned Additional Public Prosecutor.

(2.) Five petitioners had earlier approached this court invoking its inherent jurisdiction under section 482 Code of Criminal Procedure 1973 initially with a payer to quash first information report in Sheohar S.C. S.T. P.S. Case No. 08 of 2013 registered for the offence under section 341, 323, 427, 436 and 34 of the Indian Penal Code and section 3 (1)(X) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act 1989 (hereinafter referred to as the S.C. S.T. Act ). However during pendency of this petition since after investigation police submitted charge sheet and the learned Chief Judicial Magistrate vide its order dated 7.5.2013 took cognizance of offences under section 341, 323, 435, 427/ 34 of the Indian Penal Code and section 3(1)(x) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities ) Act, the petitioners filed an interlocutory application vide I.A. No. 924 of 2013 for allowing the petitioners to amend prayer in the main petition. The said interlocutory application was heard on 25.2.2014 by a bench of this court and same was allowed and directed the petitioners to amend prayer in paragraph no. 1 of the petition. Accordingly relief portion in the petition was amended by learned counsel for the petitioners and by the same order this court directed for issuance of notice to the informant /opposite party no. 2. In the meanwhile by a detailed order this court directed for staying further proceeding in Sheohar SC /ST P.S. Case No. 08 of 2013 pending in the court of Chief Judicial Magistrate, Sheohar. Despite issuance of notice to the opposite party no. 2 since the opposite party no. 2 refused to accept notice, service of notice vide order dated 17.4.2015 passed by a bench of this court was treated as valid. Finally the petition was admitted on 3.3.2016 for hearing and lower court record was summoned which has been received and kept on record.

(3.) Short fact of the case is that one Jagdeo Ram, son of Late Raghuvir Ram had filed a written complaint before the officer- in - charge of SC/ ST Police Station on 4.3.2013 disclosing therein that in the preceding night of ¾ March 2013 at about 1.30 A.M. the aforesaid petitioners arrived near the hut of Jagdeo Ram and threatened to vacate the area. The informant alleged that the accused persons abused the informant with his caste name and thereafter the accused persons set the hut of the informant on fire. Informant raised alarm, thereafter many persons arrived there. While fleeing away it was alleged that petitioners also put fire in one another hut. On the basis of written report of the informant an F.I.R. vide Sheohar S.C. S.T. P.S. Case No. 08 of 2013 was registered on 4.3.2013 for offence under section 341/ 323/ 436/ 427/ 34 of the Indian Penal Code and section 3 (1)(X) of the Scheduled Castes Scheduled Tribes (Prevention of Atrocities ) Act. After registering F.I.R. police investigated the case and submitted charge sheet. After the F.I.R. it is the case of the petitioners that petitioners approached this court by filing the present petition with a plea to quash the F.I.R. in the present case on the ground that F.I.R. was lodged maliciously, however during pendency of the present petition police investigated the case and submitted charge sheet and thereafter impugned cognizance order was passed which has been assailed in the present case by filing interlocutory application as indicated herein above.