KUMAR JITENDRA SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) By Court Nobody appeared on behalf of the petitioner. Heard learned counsel for the opposite party no. 2 and learned counsel for the State. This application has been filed for quashing of the entire criminal proceeding of Sector-IV B.S. City P.S. Case No. 121 of 2000 registered under Section 323 of Indian Penal Code and also under Section 3 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the petitioner. It does appear that complainant-opposite party no. 2 lodged a complaint case stating therein that he had joined the service of Bharat Refractories Ltd., Bokaro as Assistant Manager (Marketing and Services). Subsequently, he was promoted to the post of Deputy Manager (Marketing and Services) but unfortunately since he belongs to the Scheduled Caste Community, he was discriminated in the matter of promotion and was not promoted to the post of Manager (Marketing and Services) in the year 1997. Thereupon, he wrote a letter to the Chairman, National Commission for Scheduled Castes and Scheduled Tribes, New Delhi on 16.1.1999 requesting therein for redressal of his grievance.

(2.) It has further been alleged that on 9.11.2000, the petitioner (accused no. 1) called upon the complainant in his official chambers and abused him in filthy language "SALA PASI-TASI HOKAR TUM APNA BAP SCHEDULED CASTE COMMISSION KO SHIKAYAT LIKHATA HAI, MAIN TUMHE SASPEND OUR CHARJSHIT KARUGA. TUM SALE MERA KUCHH NAHIN BIGARD SAKTA HAI, MERI BHI UPAR TAK PAHUNCH HAL PROMOTION KI BAT TO TUM BHUL HI JAO. MAIN TUMHE SALE AISI SAJA DUNGA KI JINDAGI BHAR YAD RAKHOGE. USNE MUJHE DHAKKA PETE HUE CHAMBER SE BAHAR KAR DIYA".

(3.) It has further been alleged that on 4.11.2000 while the complainant was returning back after attending the closing function of Vigilance Awareness Week in which he was one of the price winners, accused no. 2-R. Mukhopadhyay called him and abused him publicly "CHOUDHARY SALA TUM HARIJAN HOKAR HARISH CHANDRA OUR DHARMARAJ YUDHISHTHIR BANNE CHALE HO. OUR BHRASTACHAR MITANE KA BADA BHASLIAN DETA HAL MAIN MAR JUTA TERA MUNH TORD DUNGA. ABHI DEKHTE JAO MAIN TUMHARA KYA DURGATI KARTA HUN".