BIKRAM SAHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) BY the Court. -This revision is directed against the order dated 22.1.2010 passed by Sessions Judge, Sahibganj in Criminal Revision No. 97 of 2009 whereby he allowed the revision and directed the learned Judicial Magistrate to pass fresh order on the point of cognizance in connection with P.C.R. No. 192 of 2009.

(2.) IT appears that a complaint filed in the Court below alleging that all the accused persons entered inside the house of complainant on 16.5.2009 and uttered that the complainant is a Harijan -Babari. It is further alleged that all the accused persons also assaulted complainant's son and daughter -in -law and abused them.

(3.) IT is submitted by Sri Jai Shankar Tripathi, learned counsel for the petitioners that from plain reading of complaint petition, statement of complainant on S.A. and deposition of witnesses examined during the inquiry, no offence under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act is made out, because there is nothing to show that any abusive language used by the petitioners with intent to insult the complainant or her family members in public view. It is alleged that the said occurrence took place inside the house of complainant. Thus, the question of viewing of incident by general public does not arise. It is then submitted that there is no allegation in the complaint petition that petitioners assaulted complainant or her daughter -in -law with intent to outrage their modesty. Thus, the offence under Section 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act is also not made out. Accordingly, it is submitted that the learned Sessions Judge had wrongly directed the Magistrate to pass fresh order on the point of cognizance.