DASHRATH JHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Shree Nivas Roy, learned counsel for the petitioner and Mrs. Priya Shrestha, learned counsel for the State.

(2.) The petitioner has filed this application for quashing the order dtd. 22/11/2012 passed by Sri A. Kumar, learned Judicial Magistrate, Madhupur, in T.R Case No.578 of 2012, arising out of P.C.R. Case No.283 of 2010, whereby, the prima facie case has been found against the petitioner for the offence under Ss. 323, 504 of the Indian Penal Code and Sec. 3(1)(x) of the SC / ST (Prevention of Atrocities) Act. The petitioner has also challenged the order dtd. 7/10/2013 passed by the learned 1st Additional Sessions Judge, Deoghar, in Criminal Revision No.224 of 2012, whereby, the revision filed against the aforesaid order dtd. 22/11/2012, was dismissed by the Revisional Court.

(3.) The facts of this case lie in a short compass. The complaint case was filed by the opposite party No.2 against the accused persons in the Court of the learned S.D.J.M., Madhupur, in which, it is alleged that the accused persons assaulted the complainant and also abused her in the name of her caste. The complainant went to the police station to lodge the F.I.R but no action was taken and thereafter, she went to the SDPO, Madhupur, and narrated the whole situation, who also did not take any action and thereafter, the complaint was filed, which was registered as P.C.R Case No.283 of 2010.