DHARMENDRA RAI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Instant petition has been filed for quashing the entire criminal proceeding including the order taking cognizance dtd. 18/3/2020 in connection with C.P. Case No.3708 of 2019 for the offence under Ss. 323, 506 of the I.P.C. and Ss. 3(1) (x) Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter called 'SC/ST (PA) Act') pending in the Court of learned Special Judge, SC/ST, Dhanbad.

(2.) It is submitted by learned counsel on behalf of the petitioners that the petitioners are President and Secretary of BCCL Employees' Cooperative Credit Society, Dhanbad and the complainant was a member of the association. On 9/10/2018 vide reference No.427 (Annexure-3), the complainant was removed from the membership of the society. Further, the complainant had earlier filed one Jorapokhar P.S. Case No.56 of 2016 under Ss. 344, 323, 379, 504, 506, 34 of the I.P.C. in which after investigation, the case was found as not true and final form was submitted on 28/6/2016. No protest petition has been filed and it has attained finality. The informant had submitted a petition before the Court of Assistant Registrar, Cooperative Society, Dhanbad petitioner No.2-. Umashankar Sahi for being removed from the office of the society. The petition was rejected by the Assistant Registrar vide order dtd. 22/6/2020. It is against this background only to wreck vengeance against this petitioner, the present case has been filed with the allegation that on 9/3/2016 at 2.00 p.m., he was abused and assaulted and derogatory remarks were made calling his caste name. The incidence is said to be taken place on 9/3/2016 and 22/11/2019. As stated earlier, the incidence of 9/3/2016 has already been falsified in the final report submitted by the police and the present complaint has been filed six days after the incidence without any compliance for not informing police or the delay in filing instant petition.

(3.) Reliance has been placed on