POONAM SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) BY Court: Heard learned counsel for the petitioner and learned counsel for the State. No one has appeared for the respondent No. 2 in spite of service of the notice upon him.

(2.) THE petitioner is aggrieved by the order dated 03.12.2002 passed by learned 1st Additional Sessions Judge, Deoghar, in Cr. Rev. No.111 of 2000, whereby the court below has directed the C.J.M., Deoghar to take cognizance of the offence under S.C. and S.T. (Prevention of Atrocities) Act against the petitioner and to transfer the case to the file of 1st Additional Sessions Judge, Deoghar for disposal.

(3.) THE respondent No.2 however pursued the matter in the complaint case and by order dated 05.08.2000 passed in P.C.R. Case No.30 of 1999, the C.J.M., Deoghar, upon an enquiry, found prima facie case against the petitioner and the other co -accused under Section 323, 379 and 504 of the Indian Penal Code and took cognizance therefor, but the court below did not take any cognizance for the offence under S.C. and S.T. (Prevention of Atrocities) Act for the reasons given in the order dated 05.08.2000 itself. The said order dated 05.08.2000 passed in P.C.R. Case No.30 of 1999 was challenged by Din Dayal Das by filing Cr. Rev. No.111 of 2000 in the Court of Session. It appears that the petitioner was not even made a party in said revision application and the said revision petition was allowed by order dated 03.12.2002 passed by the 1st Additional Sessions Judge, Deoghar, directing the C.J.M., Deoghar to take cognizance against the petitioner under the relevant provisions of S.C. and S.T. (Prevention of Atrocities) Act as well, and to transfer the case after taking cognizance to the file of the 1st Additional Sessions Judge, Deoghar.