SAHADEO RAM BHADANI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Rajesh Kumar learned counsel for the petitioners and Mr. Sumeet Gadodia, learned counsel for the opposite party no. 2.

(2.) Initially, the petitioners in this application had challenged the order dated 20.1.2011 passed by the 1st Additional Sessions Judge, Giridih in Criminal Revision No. 43 of 2010 by which the revision application preferred by the opposite party no. 2 has been allowed and the order dated 24.02.2010 passed by the learned Judicial Magistrate 1st class, Giridih in Complaint Case No. 908 of 2009 by which summons were not issued to the petitioner under Section 3 and 4 of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act and only summons were issued against the petitioner no. 1 for the offence punishable under Sections 341, 323 and 504 of I.PC. was set aside. By way of amendment which was allowed by this Court, in I.A (Cr.) No. 5322 of 2013 vide order dated 27.02.2015, challenge has also been made to the orders dated 17.02.2012 passed in Criminal Revision No. 62 of 2011 by the learned District and Sessions Judge II, Giridih as well as the subsequent order passed by the learned Chief Judicial Magistrate, Giridih on 03.07.2013 in which a prima-facie case was also found under Section 3 (X) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act.

(3.) A complaint case was instituted by the opposite party no. 2 against the petitioners in which it was alleged that in the earthen pot which was carried out by the complainant fell down as the complainant has became disbalanced and accidentally some drops of water had fallen upon the accused persons. Allegations have been levelled that the complainant was assaulted and abused in the name of his caste. Further allegation has been levelled that threatening were also given to the complainant. On the basis of the aforesaid allegations C.P Case No. 908 of 2009 was instituted against the petitioners.