TUNNU SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application has been filed for quashing of the order dated 16.12.2006 pased by Sri Girish Mishra: Judicial Magistrate, Gopalganj in Hajipur (Harijan) P.S. Case No. 88 of 2002(G.R. No. 2210 of 2002) whereby cognizance has been taken against the petitioners allegedly for the commission of offences under Sections 452, 341, 323, 504/34 IPC and section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the SC/ST Act ').

(2.) ONE Jagan Ram filed a complaint petition being C 2214 of 2002 before the learned Chief Judicial Magistrate, Gopalganj which was transmitted under Sec. 156(3) Cr.P.C. to Hajipur (Harijan) P.S. and on the basis thereof the instant P.S. case has been registered. According to the informant at about 9 A.M. on 15.9.2002 while he was sitting at this darwaza all the accused arrived and demanded donation for Mahabiri Akhara from him and when he expressed his inability to pay, the accused started abusing him and assaulted him as a result whereof he sustained injuries and was treated at the Sadar Hospital, Gopalganj. It is said that his fardbeyan was recorded by the Town P.S., Gopalganj who forwarded the same to Kuchayakote P.S. where a case under Sec. 107 Cr. P.C. was registered. This became a source of annoyance to the petitioners and at about 4 P.M. on 27.10.2002 while the informant was again sitting at his darwaza all the accused again came variously armed with lathi and clanta and castigating and reprimanding him for filing the case also abused him. The informant out of fear fled to the aagan but he was chased and thrown on the ground and assaulted with slaps, fists and kicks. Seeing the predicament of the informant, his wife rushed to his rescue but she too was abused and assaulted as a result whereof she sustained injuries and her clothes were also torn. It is also alleged that the informant was dragged into the drain and plastered with the mud of the drain. The agonising cries of the informant and his wife attracted the attention of the neighbours who began to arrive, seeing which the accused fled away. It is alleged that accused Arun Singh took out Rs. 500/ - from the pocket of the informant whereas accused Dhananjay Singh took away a bucket worth Rs. 350/ - and accused Tunnu Singh took away a silver locket worth Rs. 700/ - from the neck of his wife. According to the informant he went to the police station where he saw Tunnu Singh chatting with the police personnel and as such he returned home. The grievance of the petitioners is that from the averments in the complaint petition and the materials available on record no offence under Sec. 3(i)(x) of the SC/ST Act is made out as the ingredients therefor are absent and as such the court below had acted with material irregularity in taking cognizance thereunder. In this connection it was sought to be submitted that to make out an offence under Sec. 3(i)(x) of the SC/ST Act, the alleged insult or intimidation should take place within public view. That is not the situation in the instant case, according to the learned counsel, since the entire occurrence took place at the Darwaza and the aangan of the informant.

(3.) THERE is much force in the submissions advanced by the learned counsel for the petitioners. There are a catena of decisions of this Court to the effect that courts while taking cognizance under the SC/ST Act have to be more careful in examining the allegations as also the materials in support of such allegations with a purpose to find out whether all the ingredients constituting the offences described under the SC/ST Act have been made out at all. Gainful reference may be made to the decision of Haresh Kumar Singh V/s. Union of India, reported in 1997(1) P.LJ.R. 334 and Chandrama Singh V/s. State of Bihar, reported in 2000(1) P.LJ.R. 571. To my mind no offence under Sec. 3(i)(x) of the SC/ST Act has been made out against the petitioners although the offences under the Penal Code stands since they are not the subject matter of challenge.