SHIVA KANT SHARMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This application has been filed for quashing of the entire criminal proceeding of Complaint case bearing No. C-135 of 2012 including the order dated 21.1.2013 passed by the Chief Judicial Magistrate, Lohardaga whereby and whereunder cognizance of the offence under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been taken against the petitioner. Mr. Sinha, learned counsel appearing for the petitioner submits that though the parties have compromised the case but he will be pressing this application on the ground that no offence is made out under Section 3(1)(x) of the Act under which cognizance has been taken.

(2.) In the context of the submission, one needs to take notice of the case of the complainant.

(3.) It is the case of the complainant that the complainant, a member of Scheduled Caste, was working in the Primary Health Centre, Kisko, as maid servant for cleaning maternity ward. She was not getting any remuneration. The other day 'Central Inquiring Committee' visited Kisko Primary Health Centre whereby one of the members asked from the complainant as to whether she has been getting remuneration, upon which the complainant replied in negative. After the members of the Central Inquiring Committee left the place, the petitioner abused her in the language 'Sali Nicha Jati Ki Chamarin Sikayat Karti Hai' with a view to humiliate her.