MADAN PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the entire criminal proceeding including the order dated 10-12-1998 passed in complaint case No. 130 of 1997 whereby and where under the learned Sub-Divisional Judicial Magistrate, took cognizance under Sections 504 IPC and 3(10) of the Scheduled Tribes and Scheduled Caste (Prevention of Atrocities Act).

(2.) Facts leading to filing of the complaint case is that complainant O.P. No. 2 filed a complaint case on 19-3-1997 alleging inter alia therein that in between 6.00-7.00 p.m. he entered the town police station premises along with four other persons of the Bahujan Samaj Party, a political party to meet one Raj Kumar Gautam who was in police lock up for committing offence under Section 363 and 366/34 IPC on the charge of kidnap- ping a maiden of I..Sc examination. It is further alleged that the petitioner Madan Prasad Singh who was then Officer-incharge of the town police station, insulted the complainant-O.P. No. 2 with abusive word "SAALE CHAMAR HO CHAMAR KI TARAH RAHO" and that caused humiliation to him. It is further allcged that the petitioner insulted the compiainant-O.P. No. 2 knowingly and with bad intention and hence tried to demolish social and caste prestige of the complainant-O.P.No. 2 and information to that effect was given to the Superintendent of Police, Palamau by the complainant-O.P.No.2 but no action was taken, although he was called at the office of the Superintendent of Police, Palamau on 21- 3-1997 but he could not meet him as Superintendent of Police, Palamau did not attend the office on that day. Thereafter he filed his instant complaint case. His S. A. was recorded and thereafter inquiry was held under Section 202 Cr. P. C. and cognizance in the case was taken.

(3.) Learned counsel appearing for the petitioner submitted that the instant complaint case is the outcome of private and personal grudge as the complainant-O.P. No. 2 made every possible effort to get his friends released from the" town police station who were arrested with abducted victim girl and on the denial and protest made by this petitioner, the complainant-O.P. No. 2 retaliated which resulted in the filing of this complaint case and he also gave caste colour.