HARILAL MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This is an application under Section 482. Cr.P.C. for quashing the order dated 2/7/2001 passed by the learned Judicial Magistrate. 1st Class. Koderma by which the learned Magistrate held that the offences under Section 3/4 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 1989 (hereinafter referred to as the said Act') are also applicable against the petitioners on the ground that the witnesses have stated that the complainant were not allowed to enter into the temple for performing Puja.

(2.) One supplementary affidavit has also been filed assailing the order dated 2/7/2001 only.

(3.) The learned Counsel appearing on behalf of the petitioners, at the very outset, submitted that none of the clauses as laid down under Section 3 of the said Act is applicable for the allegation prohibiting the informant! complainant to enter into the temple for performing Puja as well as Section 4 of the said Act is in respect of public servant being not a member of the Scheduled Caste, which is apparently not applicable in this case. It is also submitted that the learned Court below without appreciating and going through the evidence held erroneously that offence under Section 3/4 of the said Act is also made out against the petitioner.