RAMESH CHANDRA BHAIYA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE present criminal revision is directed against the order dated 04.04.2013 passed by 1st Additional Sessions Judge, Deoghar in Special Case No.15 of 2011 whereby and whereunder the petition filed by the petitioner under Section 228 of the Code of Criminal Procedure (in short 'the Code'), has been rejected.

(2.) THE petitioner has been made accused in connection with Madhupur P.S. Case No.87 of 2011 instituted under Sections 341/323/506 of the Indian Penal Code and also under Section 3(i)(x) of the Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act on the allegation that on 20.06.2011 at 7.30 p.m. while the informant - Ravindra Manjhi was sitting near his house, the informant requested the doctor to measure his blood pressure upon which the doctor asked him to wait as he is going to the house of one Meter Manjhi for treatment and during return he will measure his blood pressure but in the meantime this petitioner - Ramesh Chandra Bhaiya came on his motorcycle and abused the informant with filthy languages commenting on his being the member of schedule caste community and also assaulted the informant with fist and slaps.

(3.) IT appears from the record that the police after investigation submitted charge -sheet against the aforesaid Sections and thereafter the case was committed to the Special Court. The petitioner before Special Court filed a petition under Section 228 of the Code for his discharge but the same was rejected by the impugned order holding that from perusal of the F.I.R. and case diary it appears that the occurrence held in public place with intention to demoralise the prestige of informant in public and hence Section 3(i)(x) of the Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act applies.