ASHIM KUMAR CHATTERJEE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioner, learned counsel appearing for complainant and learned counsel appearing for the State. This application has been filed for quashing of the entire criminal proceeding of Complaint Case No. 367 of 2006 including the order dated 5.2.2007 whereby and whereunder 1st Additional Sessions Judge, Bokaro, took cognizance of the offence punishable under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the petitioner.

(2.) Before adverting to the submissions advanced on behalf of the parties, the case of the complainant needs to be taken notice of.

(3.) It is the case of the complainant that complainant's father, permanent employee of Central Coalfield Limited, posted as Sr. U.D.C. in the office of the Project Officer, Kathara Colliery died on 22.4.2006. The petitioner, who happened to be the Project Officer at the relevant point of time was having grudge with the father of the complainant, as the father of the complainant was a member of Scheduled Caste and therefore, the amount of gratuity was not paid to the complainant by the petitioner. Since the amount of the gratuity was not being paid to the complainant, the complainant alongwith his uncle came to the official chamber of this petitioner on 10.10.2006 for making request of payment of gratuity. When such request was made, the petitioner asked them to get out from there and then abused them in the following manner:--