VIJAY PRATAP SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioners have invoked the inherent jurisdiction of this Court for quashment of the entire criminal proceeding of Complaint Case No. 1649 of 2009 (T.R. No. 141 of 2010) including the order dated 14.07.2010 passed by Shri Prakash Jha, Judicial Magistrate. 1st Class, Hazaribag by which a prima facie case was found against the petitioners for the alleged offence under Sections 323/379/427/34 of the Indian Penal Code as also under Section 3(v) (x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and directed summons to be issued to the accused petitioners and thereafter, the case was sent to the file of the Special Judge-cum-Additional Sessions Judge, Hazaribag for further proceeding under the special Act.

(2.) The prosecution story in short was that a Complaint Case No. 1649 of 2009 was lodged in the Court of the Chief Judicial Magistrate, Hazaribag by the complainant-O.P. No. 2 on 30.10.2009 against the petitioners alleging, inter alia, that one Heera Lal Sethi and another Panna Lal Sethi had entered into an agreement of sale on 04.01.1999 with respect to 0.02 1/2 acres of land and further 7 decimals of lands on 20.11.1998, who were the lessee with respect to 2.75 acres of land which was held by them as Khas Mahal Building lease. Pursuant to such negotiations the complainant paid a sum of Rs. 10,000/- (Rupees ten thousand) by way of advance with respect to agreement related to 0.02 1/2 acre and further a sum of Rs.35,000/- (Rupees Thirty Five Thousand) with respect to the agreement dated 20.11.1998 for 0.7 acre of lands. Since the nature of the land was lease hold, said Heera Lal Sethi assured the complainant to get necessary sanction and permission obtained from the competent authority and thereafter the registration of sale would be executed in her favour but, during such period, Heera Lal Sethi and Panna Lal Sethi both died and the lease hold properties were developed by the legal heirs and successors of Heera Lal Sethi since Panna Lal Sethi died issue-less. The legal heirs of Heera Lal Sethi had assured the complainant that they would honour the agreement of sale. It was alleged that on 20.10.2009 when the complainant-O.P. No. 2 met the sons of Heera Lal Sethi and requested for execution of the conveyance deed, they flatly refused on the ground that they have already finalized the deed in favour of the petitioners and have also executed power of attorney authorizing the petitioners to develop the land who were brokers of the land.

(3.) It was alleged further that on 28.10.2009 at about .1 p.m. the accused persons including the petitioners along with certain labourers came over the land in question and started demolishing the boundary walls and pillars erected by her. She was also caught hold by her hair when she tried to stop them and they pushed her on the ground. She was abused in her caste name in presence of people within the public view with the intention to malign and dishonour her publicly. Her life could be saved only with the intervention of the neighbours but the accused persons snatched away her golden ornaments worth Rs. 30.000/- in the said transaction. She then went to the Harizan Police Station with the witnesses and when no case was instituted, she filed complaint before the C.J.M. as aforesaid. During course of enquiry, after recording the statement of the complainant on her solemn affirmation, three witnesses were examined and the Court having been satisfied with the prima Jacie case under IPC as also under penal provisions of 3(v) (x) of the S.C. and S.T. (Prevention of Atrocities) Act. 1989 committed the case record to the Special Judge.