GIRINATH SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ application has been filed for quashing the entire criminal prosecution of Garhwa P.S. case No. 58 of 2007 (G.R. No. 232 of 2007) including the order dated 6.1.2009 passed by the learned Chief Judicial Magistrate, Garhwa whereby and whereunder cognizance of the offence under Sections 147, 504, 342 and 323 of the Indian Penal Code and also under Section 3/4 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act which in place of Section 3(i)(x) of the Act seems to have been wrongly recorded, was taken against the accused persons including all the petitioners.

(2.) The facts giving rise this application are that the informant, a member of the Scheduled Caste community, lodged first information report alleging therein that while he was coming from his village along with his friend, he was accosted in the way by number of accused persons including the petitioners and was brought in a room where he was intimidated, assaulted, insulted and was abused. On the said allegation, he lodged a first information report which was instituted under Sections 147, 149, 323, 307, 341 and 342 of the Indian Penal Code and also under Section 3/4 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The police in course of investigation did not find allegation to be true and hence, submitted final report exonerating all the accused persons. However, learned Chief Judicial Magistrate, Garhwa, vide his order dated 6.1.2009 did record that sufficient materials are there showing commission of the offence by the accused persons and thereby, took cognizance of the offences under Sections 147, 504, 342 and 323 of the Indian Penal Code and also under Section 3/4 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act in spite of the fact that the informant did place on the record before taking cognizance that the matter has been compromised in between the parties.

(3.) Being aggrieved with that order, this writ application has been filed.