YAMUNA PRASAD SAHU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Sidhant, learned counsel for the petitioner and Mr. Awnish Shankar, learned A.P.P. for the State. In this application the petitioner has prayed for quashing the entire criminal proceeding in connection with Kamdara P.S. Case No. 21 of 2008 (G.R. No. 443 of 2008) including the order dated 27.08.2008 passed by learned Sessions Judge, Gumla, whereby cognizance for the offences punishable u/s 384/420 I.P.C. and Sec. 3(x)(viii) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act has been taken.

(2.) It has been submitted by the learned counsel for the petitioner that earlier the petitioner had instituted a case in the year 2006 against the opposite party No. 2 u/s 138 of the NI. Act and as a retaliation to the said case, Kamdara P.S. Case No. 21 of 2008 has been instituted against the petitioner making a bald allegation of calling the informant by name of his caste. Even otherwise, the allegation made in the complaint petition does not make out an offence either u/s 384/420 I.P.C. or u/s 3(x)(viii) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.

(3.) Learned counsel appearing for the State has opposed the prayer made by the petitioner.