SHEKHAR KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard.

(2.) This petition has been filed for quashing of the entire criminal proceeding as well as FIR of S.B.G (S.C./S.T) Case No.08 of 2020, pending in the court of Addl.Sessions Judge-1st (Special Judge of S.C./S.T.) Sahibganj.

(3.) The prosecution case has been filed stating therein that, the prosecution case is based on an application given by the O.P.No.2 to the officer incharge of SC/ST police station Sahibganj, wherein it is alleged by the O.P.no.2 that, the O.P.No.2 has got married with one Shankar Ramani, brother of the petitioner No.2 twelve years ago. The petitioner no.2 is brother in law and the appellant no.1 is Nandosi of the O.P. No.2. They have making atrocities since her marriage. They were directing Shankar Ramani to leave Adivasi Paharin girl. Shankar Ramani resides at Pakur with his wife. ON 25/3/2018, the O.P.No.2 and her husband came Barharwa for partition of the land of Baneshwar Ramani. On 25/3/2018 at about 07.00 P.M. when the house of the O.P.No.2 asked for his share in partition then they abused the O.P.No.2 that you belong to schedule tribe who called you here and they assaulted Shankar Ramani. The O.P.No.2 and her husband gave a written petition to the officer in charge Barharwa P.S. but nothing has been done by the officer in charge of Barharwa P.S. on 26/4/2018, the husband of the O.P.no.2 and she came Barharwa for correction in Ration card. On telephone the accused abused and directed the accused to kill the Adivasi Paharin, who demands partition. The petitioner abused the O.P.no.2 being indicate her cast name. Both the appellants have assaulted her by lathi and they torn the blouse of the O.P.No.2 and the petitioner snatched a Garland of three bharies of silver worth Rs.1500.00.