LAWS(JHAR)-2005-2-57

AKHILESH KUMAR SINHA Vs. STATE OF JHARKHAND

Decided On February 08, 2005
AKHILESH KUMAR SINHA Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) THIS application under Sec. 482 of the Code of Criminal Procedure has been filed for quashing the entire criminal proceedings initiated against the petitioner in connection with C/I Case No. 117/2002 including the order dated 2 -8 -2002 passed by C.J.M., Palamau. whereby and whereunder cognizance has been taken against the petitioner under Sec.323 Indian Penal Code and under Sections 3 and 4 of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.

(2.) FACTS leading to the filing of this application are that the complainant opposite party No. 2 filed a complaint case against the petitioner and others stating therein that he is a "Chamar" by caste and is the District President of Bahujan Samaj Party. He had made a representation in respect of the ill deeds of the petitioner and had brought to light all the misdeeds and illegal act of the petitioner and when in spite of said representation there was no improvement in the Block Development Office and embezzlement in respect of Indira Awas continued, then he along with the general public started demonstrating in front of his office on which the petitioner detained three of them including the opposite party No. 2 in his office and on reaching there the complainant found that Officer Incharge and other police officials already present there, who caught hold of them and abused them with filthy languages and also assaulted them. Allegation is also that opposite party No. 2 was called by his caste and thereafter they sent him to jail.

(3.) LEARNED counsel appearing on behalf of the petitioner submitted that if the entire allegations are taken to be true, no offence is made out against the petitioner. It is further submitted that at the relevant time, when present complaint has been filed, the petitioner was posted in Patan (Palamau) on the post of Circle Officer. It is further submitted that present complaint case has been filed by the opposite party No. 2 with mala fide intention, which is evident from the fact that instant case is a counter blast to the FIR instituted by the wife of the petitioner being Patan P.S. Case No. 20/2002 as against the opposite party No. 2 for offence under Secs. 147, 148, 341, 323, 332, 333. 307, 452 and 477, IPC. It was further pointed out that wife of the petitioner, who was at the relevant time BDO of Patan Block, was discharging her official duties in the office but opposite party No. 2 along with 100 persons entered into the office of the wife of the petitioner forcibly and thereafter they started abusing the wife of the petitioner and further enquired into the demand letter made by them, in which wife of the petitioner informed that she has already forwarded the demand letter to the Deputy Commissioner, on which opposite party No. 2 became enraged and also started abusing the wife of the petitioner and also threw away the official file, which were kept in her chamber. Thereafter opposite party No. 2 caught the neck of the wife of the petitioner and thereafter other official intervened the matter, hence opposite party No. 2 left the office of the wife of the petitioner. It is further submitted that wife of the petitioner reported the matter to the police and accordingly Patan P.S. Case No. 20/2002 was registered by the police and on the basis of FIR opposite party No. 2 was arrested and sent to jail and he was subsequently released on bail and thereafter this opposite party No. 2 has lodged this false case as counter blast. This complaint case has been filed after filing of the police case. It is further submitted that no offence under Section 323 Indian Penal Code is made out as against the petitioner as because in the entire complaint petition there is no allegation of any overt act which has been committed by the petitioner or that the opposite party No. 2 complainant was assaulted by this petitioner, It was further submitted that no offence under Section 3 and 4 of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act is made out against the petitioner and the allegation of addressing the opposite party No. 2 by name of his caste is not against the petitioner and there is no ingredients of the offence under that section and, therefore, the case is fit to be quashed so far as this petitioner is concerned. It is further submitted that similar allegation was levelled against the wife of the petitioner and that her wife had also filed a Cr. Misc. Petition under Section 482 Cr. PC. and that was allowed and cognizing as against her was quashed.