LAWS(JHAR)-2012-9-95

LAGAN DEVI Vs. STATE OF JHARKHAND

Decided On September 20, 2012
LAGAN DEVI Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) BY Court Heard Mr. A.K.Kashyap, learned senior counsel for the petitioners and the learned counsel for the opposite parties.

(2.) THIS application has been filed for quashing of the order dated 14/12/2000, passed in Complaint Case (C) No. 484/2000, whereby and whereunder the cognizance of the offences punishable under Sections 147, 148, 323, 504 of the Indian Penal Code and also under Sections 3/4 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, has been taken against the petitioner. The fact, leading to filing of the case is that O.P. No. 2 lodged a complaint case alleging therein that the complainant having purchased a piece of land, constructed a house over it but some part of the land was encroached by the petitioners. When the complainant asked as to why they have done so, he was abused and assaulted by them and they also addressed him as 'DusadhHarijan'. Thereafter, they entered into the house and threw some household articles. The other day, they also abused him. On said allegations, complaint was lodged. Upon which, cognizance of the offences as aforesaid was taken, which is under challenge.

(3.) HERE, in the instant case, the petitioners have been alleged to have assaulted and abused the complainant inside the house and not within the public view. Therefore, offence under Section 3 (1) (x) of the Act, never gets attracted. Further, no allegation seems to be there for committing the offence under Section 4 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Accordingly, the Court below has committed illegality in taking cognizance of the offences under Sections 3/4 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.