GAURANGA DUTTA Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Indrajit Sinha, learned counsel for the petitioners, Mr. Rahul Saboo, learned counsel for the opposite party-State and Mr. Sheo Kumar Singh, learned counsel for opposite party no.2.

(2.) This quashing application has been filed for quashing the order dated 08.07.2010 passed by the learned Additional District & Sessions Judge, Fast Track Court V, Dhanbad in Cr. Rev. No. 105 of 2010, whereby, the revision petition filed by opposite party no.2 has been allowed and the order dated 07.05.2010 passed by the learned Judicial Magistrate, 1st Class, Dhanbad in C.P. No.2299 of 2009 has been set aside.

(3.) A complaint case being C.P. Case No. 2299 of 2009 was filed against the petitioners under Sections 448, 341, 323, 504 and 500 of the Indian Penal Code and Section 3/4 of the Schedule Caste and Scheduled Tribes (Prevention of Atrocities) Act and cognizance was taken under Sections 323 and 506 of the Indian Penal Code and no cognizance was taken under Sections 3/4 of the Schedule Caste and Scheduled Tribes (Prevention of Atrocities) Act. Aggrieved with this, the complainant has filed Cr. Rev. No. 105 of 2010, which was allowed without hearing the petitioner and direction was issued to take cognizance against the petitioner under the Schedule Caste and Scheduled Tribes (Prevention of Atrocities) Act.