SHIV NARAYAN YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. R.S. Mazumdar, the learned Senior counsel assisted by Mr. Nishant Roy, the learned vice counsel appearing on behalf of the petitioner, Mr. Fahad Allam, the learned counsel for the respondent State and Mr. Lakhan Chandra Roy, the learned counsel appearing on behalf of the O.P.No.2.

(2.) This petition has been filed for quashing of the order taking cognizance dtd. 12/2/2013 passed by learned Judicial Magistrate, 1 st Class, Madhupur, Deoghar whereby he has been pleased to take congnizance for the offence under Sec. 354 of the IPC and under Sec. 3(x), 3(xi) and 3(xii) of the SC and ST (Prevention of Atrocities) Act, 1989 against the petitioner in connection with Karon P.S.Case No.4 of 2012 corresponding to G.R. No.21 of 2012 including the entire criminal proceeding, pending in the court of learned Judicial Magistrate, 1st Class, Madhupur, Deoghar.

(3.) The First Information Report alleging was registered alleging therein that on the basis of the fardbayan of the informant namely Chameli Murmu dtd. 15/1/2012 at 15.30 hours before the Officer Incharge of the concerned police station stating therein that informant is resident of village Kamal Kardih, Tola Manipur, Karon, District Deoghar and further she is a member of Ranidih Panchayat Samiti. It is alleged that on 19/12/2012 the informant being the member of the Panchayat Samiti of Ranidih panchayati had gone to the office of the petitioner posted as BDO, Karon Block, to get some information relating to the schemes, where she was told by the petitioner to come to his residence and further she received a call on her Mobile from the petitioner and asked her to come to his residence situated at Block premises. Upon that information, informant went to the official residence of the petitioner where she sat on the chair in the courtyard of the quarter and the driver of the petitioner who was present there left the place. It is further alleged that thereafter the informant started discussing about the schemes of Manrega, suddenly the petitioner got up from his place and put his hands on her shoulders and kissed her and thereafter said about making physical relationship with her. On hearing the same she immediately came out from the quarter and did not disclose anything to anyone there and came to her house where she said about the fact to her Devar as the husband of the informant was not present in the house. It is further alleged that after 1-2 weeks of the alleged occurrence she went to the concerned Block and stated about the incident to the husband of the Pramukh of Karon Panchayat. On the basis of the aforesaid facts, the present first information report has been lodged as against the accused persons including this petitioner.