SHRIMATI KRISHNA MANI KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner, learned counsel for the complainant and learned Addl. P.P.

(2.) THIS is an application for quashing the order dated 14.9.2006 passed by the Judicial Magistrate, Nawada whereby and whereunder he has taken cognizance against in Corn -plaint Case No. 283 of 2005 for the offence under Ss. 147, 149, 323, 379 of the Indian Penal Code and also u/s. 3(X) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, and issued summonses against the petitioner to face trial. Allegation in the Complaint was that on the date of occurrence all the accused persons including the petitioner armed with weapons and 'lathi ' were cutting the soil from the raiyati land of the complainant and when the complainant protested to this illegal act, on the order of the petitioner, accused Nos. 2 to 4 of the complaint made firing from country made pistol which could not hit the complainant and the rest accused persons assaulted the complainant with 'lathi '. It has further been stated that the accused persons were using words which were against the Harijans.

(3.) IT has been submitted that after examining the complainant, the learned Court below took cognizance of offence under Ss. 147, 149, 323, 379 of the Indian Penal Code and also u/s. 3(X) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and further summoned the petitioner to face trial upon the complaint filed by Opposite Party No. 2, i.e., the complainant. It has also been submitted that besides the complainant, two of the complaints witnesses, namely, Baleshwar Paswan and Mithilesh Paswan were examined in course of enquiry u/s. 202 of the Code of Criminal Procedure in the present complaint case by the learned Magistrate and both the aforesaid witnesses have not stated even a word against the petitioner and as such the allegation against the petitioner as alleged in the complaint was falsified. It is submitted that the allegation against the petitioner as alleged in the complaint stands falsified.