BANKIM CHOUDHARY, ASHOK PRADHAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) W.P. (Cr ) No.62 of 2002 has been filed on behalf of the petitioner above named for quashing of the order dated 12.2.2002 passed by the learned CJM, Jamshedpur, and also for quashing of the entire criminal proceedings relating to Mango (M) P.S. case no. 417 of 2001 registered under sections 447/420/120B/386/504 IPC and sections 3/ 4 of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) W.P.(Cr) No. 24 of 2002 has been filed on behalf of the above named petitioners for quashing of the entire criminal prosecution including investigation in relation to said Mango (M) PS case No. 417 of 2001 ( GR No. 2552 of 2001).

(3.) Prosecution case, as it appears from the FIR lodged by Bijay Kumar Singh Bhumij, in brief, is that the informant and other aggrieved are members of the Scheduled Tribes and the land pertaining to Khata No. 334, portions within plot no. 1044 A, mouza Palaspani, were settled by the Government in their favour vide settlement case as detailed in the FIR. The land was settled in favour of the members of the Scheduled Tribes for their personal use particularly for the purpose of cultivation. The informant and other aggrieved were dispossessed by the accused persons and they established their brick kilns on the land in question. The informant and his companion were abused in filthy language in the name of their case and they were also threatened to keep themselves away from the land in question, otherwise, they will have to face the consequence. It is further disclosed that the accused persons who are brick kiln owners got licence and permit in connivance with Government officials, including officers of the Mining Department.