KRISHNA KUMARI VERMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition under Articles 226 and 227 of the Constitution of India at the instance of the two petitioners is directed against the order dated 19 -12 -92, passed by the learned SDJM, Bikramganj at Sasaram, in Special Case No, 40/93, arising out of Bikramganj P.S. Case No. 188/92, whereby cognizance has been taken of the alleged offences under Sections 499 and 504, I.P.C., Sections 5(b) and Section 7(g) of the Protection of Civil Rights Act, 1955 (hereinafter referred to as 1955 Act), as well as and Section 3(x) and 4 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 1989 Act), and the petitioners have been summoned to stand their trial.

(2.) According to the allegations in the FIR, petitioner No. 1 was at the relevant point of time posted in the Girls School, Bikramganj, and her husband, petitioner No. 2, was posted as a Junior Engineer at Bikramganj for about ten years. Petitioner No. 1 has been treating the students of the school with contempt and discrimination on the grounds of untouchability and caste. The further allegation is that one Jyoti Jwala, a Scheduled Caste girl, was insulted at the time of her admission in the school. According to the further allegations. The petitioners have constructed a temple on Government land at a fairly high expense which is disproportionate to their known sources of income, On these allegations, the aforesaid Bikramganj P.S. Case No. 188/92, dated 27 -12 -92, was registered under Sections 499 and 504, I.P.C., Sections 5 -B and 7 -G of the 1955 Act, as well as under Sections 7 and 13 of the 1988 Act. A copy of the FIR with a number of enclosures thereto is marked Annexure -1 to the writ petition.

(3.) The police conducted investigation in the allegations end submitted final report dated 18 -9 -98 (Annexure -A), whereby it sent up the petitioners herein to stand their trial under the aforesaid sections. The police did not file any material to send them up for trial under the provisions of the Prevention of Corruption Act. In view of the materials on record including the final report (Annexure -A), the learned SDJM passed the impugned order dated 19 -12 -92.