NISARUL HAQ 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 FIR of Latehar (Harizan) P.S. Case No. 1/07 as also the entire criminal proceeding of the Petitioner for the alleged offence under Sections 3(1)(x) and 3(1)(xi) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 pending before the Chief Judicial Magistrate, Latehar.

(2.) During course of hearing of the instant petition, the names of the opposite party Nos. 2 and 3 were deleted at the instance of the Petitioner and the opposite party Prakash Ram was renumbered as opposite party No. 2.

(3.) Prosecution story in short is that the informant-opposite party No. 2 Prakash Ram presented a written report before the Latehar Police on 20.4.2007 narrating therein that he was staying on the alleged date of occurrence at the Circuit House of Latehar. While sitting in the Circuit House, he sent a messenger to the Petitioner Md. Nisarul Haq, Executive Engineer, Special Division, Latehar to come in the Circuit House to apprise him about the tenders related to Chhaper culvert and Zalim culvert situated at Balumath and Latehar respectively. When the Petitioner Md. Nisarul Haq refused to come at the Circuit House the informant then himself visited the office of the Petitioner and when wanted to ascertain information regarding the tenders related to construction of the aforesaid culverts, it was alleged that the Petitioner became furious and uttered that he had seen many "Harizan-Dusad ML As" and refused to give any information. The informant expressed that he felt humiliated by such utterances made by the Petitioner-accused as he was treated by the accused as Harizan, though he deserved to be treated as the representative of the people.