KAILASH RAI, BIMLESH RAI, MUKUL RAI AND AWADHESH RAI, ALL SONS OF RAM PATI RAI Vs. STATE OF BIHAR AND SANJAY RAM SON OF LATE KAILASH RAM

JUDGEMENT

(1.) THE four petitioners who have been impleaded as accused in Harijan P.S. Case No. 38 of 1996, Tr. No. 88 of 2005, have prayed for quashing of order dated 9.5.2005 passed therein by the Learned Special Judge (under the S.C./S.T. Act) Samastipur, whereby he has rejected the petition of the petitioners for dropping the proceedings and/or discharging them.

(2.) The prosecution case is based on the written report dated 26.4.1996 submitted by one Kailash Ram, impleaded herein as opposite party No. 2, who subsequently on his death was substituted by his son Sanjay Ram vide order dated 3.7.2007 of this Court. According to the informant, he has been living at Samastipur with his family for the last 40 years and runs a toddy shop as the only means of his livelihood. It is said that his house is situated at the back of the toddy shop over lands belonging to Rampati Rai and Tirupati Rai. It is alleged that the family members of Rampati Rai and Tirupati Rai were threatening him to vacate the house as he had filed a petition before the Survey Officer to record his name over the said lands. It is further alleged that in the morning of 26.4.1996 at about 9 A.M. the F.I.R. named accused came to his shop and smashed the earthen pots (Lavani) containing toddy, glasses and also abused him. It is also alleged that accused Mukul Rai took away a box containing ornaments of his wife.

(3.) ON the basis of the said written report, the police case under Sections 448, 504, 379 and 427 I. P.C. and Section 3(1)(x) of the S.C./S.T. Act (Prevention of Atrocities) Act (hereinafter referred to as the S.C./S.T. Act) was registered against the four F.I.R. named accused. It appears that the police after due investigation submitted a charge sheet under Sections 448, 323, 504/427 I.P.C. as also Section 3(1)(x) of the S.C./S.T. Act and cognizance thereunder was taken by the learned C.J.M., Samastipur by order dated 4.7.2003 after a lapse of almost seven years.