CHAND RASID @ CHANDO MIAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Reserved on 16.06.2015 Delivered on 30/06/2015 Prashant Kumar,J. This application has been filed for quashing the entire criminal proceeding in connection with Dhanwar P.S.Case No. 140 of 2011 instituted under sections 147, 148, 337, 323 and 504 of the Indian Penal Code and also under sections 3/4 of the Scheduled Castes and Scheduled Tribes ( Prevention of Atrocities ) Act.

(2.) It appears that first information report of Dhanwar P.S.Case No. 140 of 2011 has been instituted on the basis of information given by the Opposite Party No.2, wherein she alleged that informant along with others had gone to the land under dispute for measurement. It is further alleged that when Amin started taking measurement of the land of accused persons (petitioners) came at the place of occurrence and started pelting stones. They abused informant by taking her caste name. It is further stated that at the time of occurrence itself, the police arrived along with Circle Officer, Dhanwar, Mukhiya and Sarpanch of the village and they witness the occurrence. It is further stated that in course of the occurrence, Shanti Devi, Sunita Devi, Girija Devi and Uma Devi received injuries. Accordingly, present case lodged.

(3.) It is submitted by Mr. Mahesh Tewari, learned counsel appearing for the petitioners that from perusal of first information report, no offence under the provisions of Scheduled Castes and Scheduled Tribes ( Prevention of Atrocities ) Act ( herein after referred as the Act) made out. He further submitted that a proceeding is pending in between the parties under section 144 Cr.P.C. and only with a view to take revenge from the petitioners, present case has been filed. It is further submitted that Sub -divisional Police Officer, Sadar is investigating the case, who is not authorised to investigate the case as per Rule 7 of Scheduled Castes and Scheduled Tribes ( Prevention of Atrocities ) Rules, 1995 ( hereinafter referred as the Rules ). Accordingly, Mr. Tewari submits that the entire criminal proceeding in connection with Dhanwar P.S.case No. 140 of 2011 be quashed.