MANOJ KUMAR GIN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Petitioner Manoj Kumar Girl has preferred this criminal revision against the order dated 25/3/2003 passed by the 1st Additional Sessions Judge-cum-Special Judge (SC/ST). Hazaribagh in T.R. No. 90 of 2003 arising out of Sadar PS Case No. 77 of 2002 (G.R. No. 476 of 2002). whereby and where under the prayer of discharge of the petitioner was rejected. Subsequently in course of pending disposal of this criminal revision, charges were framed against the petitioner under Sections 341. 323. 448. 354. IPC and also under Section 3(1)(x) and 3(l)(xi) of the SC/ST (Prevention of Atrocities) Act on 1/5/2003 which was also challenged that the said order framing charges be quashed.

(2.) Informant Dr. Sandhya Topno alleged that on 22/2/2002 at about 10.00 A.M., petitioner Manoj Kumar Gin who runs a medicine shop in Sandwell Nursing Home where the informant is engaged entered into her chamber caught hold of here neck pushed her with an intention to kill her. When the informant tried to rescue herself this petitioner misbehaved with her and took away Rs. 3,500/- from her bag on the earlier occasions also the petitioner had threatened the informant and had demanded money claiming himself to be the owner of the Nursing Home. On the day of alleged occurrence, petitioner wanted a false medical certificate from her, which was refused by her resulting the alleged occurrence.

(3.) Assailing the order rejecting to discharge this petitioner. the learned counsel for the petitioner submitted that S.I. of Police investigated the case, but the charge-sheet was submitted by Dy. S.P. among other sections of the IPC under Section 3(1)(x) and 3(1)(xi) of the SC/ST (Prevention of Atrocities) Act and accordingly the cognizance was taken. It was submitted that when the Special Judge came to know that investigation was not done by a proper investigating officer of the rank of Dy. S.P., then by order dated 8/8/2002 he remitted back the case to the C.J .M. for reinvestigation. Thereafter re-investigation was done by the same Dy. S.P. who had supervised the earlier investigation done by the S.I. of Police again submitted charge-sheet under Sections 341,T 323. 448, 354, IPC and 3(1)(x), 3(1)(xi) of the SC/ST (Prevention of Atrocities) Act.