BASKI NATH RAWANI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties. This application has been filed for quashing of the entire proceeding of Complaint Case No. 790 of 2010, including the order dated 25.5.2012, whereby and whereunder cognizance of the offence punishable under Section 3(i)(v)(x) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, has been taken against the petitioners.

(2.) Mr. Tewari, learned counsel appearing for the petitioners submits that with respect to same allegation, which is the subject matter of the present complaint, earlier the complainant had lodged a complaint case bearing Complaint Case No. 423 of 2006. The Court, having made inquiry, dismissed the said complaint under Section 203 Cr.P.C. on 1.12.2006. Against that order the complainant had preferred a criminal revision bearing Cr. Revision No. 372 of 2006, which also got dismissed on 18.4.2009. Since, the said complaint case was dismissed, the complainant again lodged the present complaint in the year 2010, basically on the same allegation, which was there in complaint, filed earlier vide Complaint Case No. 423 of 2006 and, thereby, the second complaint cannot be maintained and, hence, the order taking cognizance is fit to be quashed.

(3.) In this respect, learned counsel further submits that in fact, the Magistrate, after holding inquiry, had also dismissed the present complaint. Against that order, revision had been preferred before the revisional court and the revisional court set aside the order and remanded the matter back to the Court concerned and, thereupon, the Court has taken cognizance of the offence punishable under Section 3(i)(v)(x) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, which the Court should not have taken for the reason that for the same set of allegation, earlier a complaint was filed, which had been dismissed.