ANIL KESHRI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Mohit Prakash, learned counsel for the petitioner and Mr. Moti Gope, learned A.P.P. for the State.

(2.) In this application, the petitioner has prayed for quashing the entire criminal proceeding in connection with Chainpur P.S. Case No. 27 of 2014 including the order dated 16.2.2015 passed by the learned Additional Chief Judicial Magistrate, Gumla whereby and where under cognizance has been taken for the offence punishable under Sections 3(l), (II), (V), (VII), (X), (XI) of the Schedules Castes & Scheduled Tribes (Prevention of Atrocities) Act.

(3.) A complaint case was initially instituted being Complaint Case No. 70 of 2014 in which it was alleged that the informant on 7.2.2003 by virtue of a registered deed of sale purchased 0.10 acres of land and Pushpa Beck also purchased 0.6 acres of land. It has been stated that one Savitri Devi had filed a Pre-emption Case No. 3 of 2002-03 before the L.R.D.C., Gumla at the instigation of the petitioner whereas, the said case was dismissed on 12.2.2014 against which an appeal was preferred before the Deputy Commissioner, Gumla which was also dismissed. Allegations have been made that the accused persons always tried to make hindrance in construction of boundary wall and used to abuse the complainant in the name of her caste. In spite of the decision of the Panchayat on 25.2.2014, the petitioner neither appeared nor did he obeyed the decision of the Panchayat. It has further been alleged on 11.3.2014, the informant and other purchaser had come with the labourers for construction of boundary wall, the accused persons fully armed have started abusing the informant and others by calling them in the name of their caste. After the complaint case was instituted, the same was sent to the Police under Section 156(3) of the Crimial P.C. pursuant to which Chainpur P.S. Case No. 27 of 2014 was instituted for the offence punishable under Sections 341/323/34 of the I.P.C. and under Sections 3(1), (II), (V), (VII), (X), (XI) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act. After the conclusion of investigation, charge-sheet was submitted only under Sections 3(1), (II), (V), (VII), (X), (XI) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act.