TULSI NAYAK Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. K.K. Ambastha, the learned counsel appearing on behalf of the petitioners and Mr. Suraj Kumar, the learned counsel appearing on behalf of the O.P.No.2 and Mrs. Vandana Bharti, the learned counsel appearing on behalf of the respondent State.

(2.) This petition has been filed for quashing of the entire criminal proceeding including the order taking cognizance dtd. 17/5/2014 in connection with Complaint Case No.69/2013, pending in the court of learned Chief Judicial Magistrate, Giridih.

(3.) The complainant has filed the complaint alleging therein that the O.P.No.2 has filed a complaint case no.69 of 2013 in the court of Chief Judicial Magistrate, Giridih against eight persons namely, Tulsi Nayak, Sahdeo Nayak, Moti Nayak, Ugan Nayak, Leelawati Devi, Sumitra Devi, Gita Devi and Rukmani Devi for alleged offence committed under Sec. 147, 148, 477, 379, 354 and 323 of the Indian Penal Code and Sec. 3 and 4 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act alleging therein that complainant got the land by virtue of Hukumnama and cultivation is only source of income of the complainant. On the date of occurrence the accused person came to the land of the complainant and started cutting the crop of Pigeon Pea(Arhar dal) by Tanghi and destroyed the plant of pigeon pea. The complainant and his family members requested not to cut the plant of the pigeon pea then the accused person threatened the complainant. When the witness namely Bhuneshwar Das tried to save the complainant then Ugan Nayak and Sahdeo Nayak beaten the Bhuneshwar Das by lathi. It was further alleged that the accused person abused the complainant.