MANORANJAN PRASAD SINHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Petitioner has invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure for quashment of the order dated 13.5.2008, passed by the Chief Judicial Magistrate, Jamtara, by which cognizance of the offence was taken under Section 3(1) (x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 in Jamtara P.S. Case No. 187/06 against the Petitioner.

(2.) Prosecution story in short was that the informant-opposite party No. 2 presented a written report before the Jamtara police on 30.8.2006 stating therein that he was employed by the Petitioner Manoranjan Prasad Sinha, Executive Engineer, R.E.O., Jamtara as a domestic help for the last one year. Informant alleged that the Petitioner proposed on 20.7.2006 to arrange Rs. 1,00,000/-(One lakh) within two days if he actually wanted to do construction work of Panchayat Mandap proposed by the side of his house, for purchasing essential articles related to construction and for that he assured to deliver the work order to him. Pursuant to such proposal by the Petitioner, the informant arranged money from his fifteen friends and then went to the house of the Petitioner on 23.7.2006 with all his fifteen friends to deliver the amount. It was further alleged that the Petitioner finding him in the company of fifteen friends, asked the informant to come alone in his house and he took the entire amount from him. The Petitioner directed that foundation was to be laid on 28.7.2006 and thereafter, informant would start the construction work since 8.8.2006. Pursuant to his direction, the informant started the construction work from 8.8.2006 and after three days, the Petitioner called the informant again in his house. He visited the house of the Petitioner on 13.8.2006 at about 10:00 a.m. where he was asked again to arrange Rs. 50,000/-(Fifty Thousand) more for him as he had to give P.C. The informant then expressed his inability to pay such amount whereupon the Petitioner abused in his caste name Chamar and also said that his nature of work was to repair shoes and slippers , he need not expect for contract work and he was thrashed out. He was cautioned that if at all he wanted to continue, he was asked to arrange Rs. 50,000/-(Fifty Thousand) by next day morning. The informant expressed that such utterance adversely affected his personal honor and caste. On his written report, Jamtara P.S. Case No. 187/06 was registered under Section 385 of the Indian Penal Code as also under Section 3(1) (x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. However, charge-sheet was submitted after investigation only under Section 3(1) (x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, which is the impugned order.

(3.) Informant-opposite party No. 2 appeared and filed counter-affidavit wherein informant stated that he was abused and insulted by the Petitioner within public view in presence of the witnesses on 13.8.2006 and this fact was fully corroborated by other witnesses in their statements recorded under Section 164 of the Code of Criminal Procedure. Xerox copies of the statement of the informant Ashok Kr. Das and other witnesses viz. Ranjit Mondal, Avinash Das, Satya Prakash Das and Umesh Kumar Mondal recorded under Section 164 of the Code of Criminal Procedure have been annexed with the counter-affidavit.