UPENDRA THAKUR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioner and learned counsel appearing for the opposite party No. 2. This application has been filed for quashing of the entire criminal proceeding of Complaint Case No. 18 of 2005 including the order dated 20.7.2006 whereby and whereunder cognizance of the offence punishable under Sections 341, 323 of the Indian Penal Code and also under Section 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act has been taken against the petitioner.

(2.) The entire criminal proceeding including the order taking cognizance is being sought to be quashed on the ground that the prosecution has been launched by the opposite party No. 2 maliciously and is a counter blast to a case lodged by this petitioner against the complainant.

(3.) In this respect it was submitted that Manjeet Singh Sundi and his brother Turi Sundi (complainant) have been entrusted with the work under the scheme which was supposed to be completed within three months but in spite of taking money in advance when they were not proceeding with the work to complete within the time, notice was given to them to complete the work within the time. After giving notice, the other day the petitioner when came to supervise the work, he did not find the work incomplete and therefore, he directed the complainant and his brother to complete the work within the time but the accused persons became quite enraged and they assaulted the petitioner and attempted to kill the petitioner but with the intervention of the labourers, the petitioner came out of the clutches of those two persons. For the said occurrence, FIR was lodged which was registered as Chaibasa (Mufassil) P.S case No. 42 of 2005 under Sections 341, 323, 353/ 34 of the Indian Penal Code on 20.3.2005. Subsequently, out of the grudge, a complaint was lodged wherein it was alleged that after completion of the work when request was made to this petitioner to make entry in the measurement book, he avoided to make entry with the purpose to get Rs. 5000/-illegally by the complainant which the complainant never agreed to give it and therefore, when the complainant met this petitioner on 19.3.2005 in front of District Collectorate, Chaibasa, the complainant again made request to take measurement which annoyed the petitioner and he lost temper and thereby he assaulted the complainant with fists and kicks and also abused in public view. On such allegation, a complaint was lodged on 26.4.2005, upon which cognizance of the offence has been taken 341, 323 of the Indian Penal Code and also under Section 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act which is under challenge.