PRATAP SAO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This petition has been filed for quashing the order dtd. 16/6/2012 passed in the Complaint Case No.1406 of 2011 by the court of learned Judicial Magistrate, First Class, Ranchi, and pending in that court.

(2.) The complaint has been filed alleging therein that the complainant who is the scheduled tribe person has gone to his plot no.28 of Khata No.74 situated in village Kamre. The accused persons/petitioners gathered there and abused the complainant and warned him not to come on these plots otherwise they will assault him and burry in the same land. The complainant further alleged that the land bearing Khata No.74 having 4 acre and 17 decimal has been restored under SAR Case No.898/0506 but the same has been again occupied by the accused persons just after giving the possession by the court. That after enquiry the cognizance has been taken by the court below.

(3.) Mr. Choubey, the learned counsel appearing for the petitioners submits that the petitioners are only the tenant of O.P.No.3 and unnecessarily the petitioners have been dragged in this criminal case. He further submits that sub Sec. (v) of Sec. 3 of the SC/ST (Prevention of Atrocities) Act, 1989, speaks of cultivating land allowed to the scheduled castes and wherein the allegations against these petitioners are not with regard to that. He further submits that in the SAR case the learned court has held that the petitioners are raiyat of their land.