M.MUKHOPADHYAY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Petitioner has filed this application for quashing the F.I.R. and quashing the entire criminal proceeding in connection with SectorIV, B.S. City P.S. Case No. 121 of 2000 registered under Section 323 of the Indian Penal Code and Section 3 of The Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) Counsel appearing for the petitioner has submitted that the petitioner was ChairmancumManaging Director of Bharat Refractories Ltd., a Government of India undertaking company at the relevant time and now he has retired from the said post.

(3.) Brief fact of the case as per the complaint petition is that the complainantRama Nand Choudhary, the Assistant Manager (Marketing & Service) joined in the aforesaid company in the year 1989 against permanent vacancy, thereafter, he has been promoted as Dy. Manager (Marketing & Service) against permanent vacancy, thereafter, he was not promoted to the post of Manager, then he filed a representation before the Chairman, National Commission of Scheduled Castes and Scheduled Tribes, New Delhi on 16.01.1999 to enquire and redress of his "Service Grievances" that he was not given promotion though provision for the service was in favour of Scheduled Castes and the said provision is ignored. It is further alleged in the said complaint petition that on 04.11.2000 at about 1.45 p.m. while the complainant was returning after attending the closing function of "Vigilance Awareness Week" in which he was one of the prize winner and speaker, the present petitioner (accused no.2) who was near the outer door of 'Bharat Mandapam' called the complainant and abused him in filthy language: