RAJEEV KUMAR @ RAJIV KUMAR, SON OF PARSHURAM PRASAD, RESIDENT OF MIRJA GAON, P.S. AND P.O. SULTANGANJ, DISTRICT Vs. THE SATE OF BIHAR

JUDGEMENT

(1.) Appellant/ complainant has challenged the order dated 03.09.2016 passed by the Additional Sessions Judge-2nd-cum-Special Judge, S.C./S.T. Court, Bhagalpur in connection with Complaint Case No.203 of 2016 whereby and where under the learned lower Court had dismissed the Complaint Petition under Sec. 203 of the Cr.P.C.

(2.) Because of the fact that by an amendment in S.C./S.T. (Prevention of Atrocities) Act, certain provisions have been introduced including that of Sec. 14A where under an appeal is maintainable against an order passed by the lower Court with an exception that the order should not be an interlocutory order. On account thereof, considering the provision as enumerated under Sec. 4 of the Crimial P.C. providing procedure prescribed under Special Law to be followed irrespective of the provisions enumerated under the Criminal Procedure Code. Therefore, though the dismissal of the complaint is found specially governed under Sec. 398 of the Crimial P.C. would not come in between nor Sec. 482 of the Crimial P.C. That being so, the order impugned, as discussed above, in terms of Sec. 14(A)(1) of the SC/ST (Prevention of Atrocities) Act, which has been made effective from 26.01.2016, happens to be an appealable one. However, the principles so decided while entertaining as well as adjudicating upon the issue will govern it.

(3.) Before coming to facts of the case, the vivid picturization of the event suggest that on an application having been filed by the appellant/ complainant, S.C./S.T. Bhagalpur P. S. Case No.23 of 2015 was registered under Sections 341, 323, 379, 504, 506 of the I.P.C. as well as Sec. 3(1)(X) of the S.C./S.T. Act relating to an occurrence allegedly committed on 08.07.2015 whereupon investigationally commenced and after concluding the same, final report was submitted. Simultaneously, prosecution report was also submitted against the appellant for an offence punishable under Sec. 182 and 211 of the I.P.C. However, during midst thereof, protest petition was filed and the learned lower Court after accepting the same, treated the protest petition as Complaint Petition whereupon Complaint Case No.203 of 2016 was registered. After examination of the appellant/ complainant on Solemn Affirmation, the matter was transferred under Sec. 192 of the Crimial P.C. for conduction of an enquiry under Sec. 202 of the Crimial P.C. and after concluding the same, by the order impugned, Complaint has been dismissed, hence this petition.