DHIRAJ KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) Instant application has been filed for quashing the order taking cognizance dated 08.10.2009 by which cognizance under Sections 376, 417 and 506 of the Indian Penal Code and 3(i)(x)(xii) and 2(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act 1989 has been taken by Chief Judicial Magistrate, Garhwa in Garhwa P.S. Case No.141 of 2009, corresponding to G.R. Case No.541 of 2009 giving rise to the S.T. Case No.344 of 2009.

(3.) The short fact of the case is that initially a complaint petition was filed by complainant Galoria Dung Dung before the court of Chief Judicial Magistrate, Garhwa which was registered as Complaint Case No.402 of 2009 and the same was transmitted under Section 156(3) of the Cr.P.C. and later on it was registered as Garhwa P.S. Case No.141 of 2009 under Sections 376, 417 and 506 of the Indian Penal Code and 3(i)(x)(xii) and 2(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act 1989. After investigation, chargesheet was submitted and the court of Chief Judicial Magistrate, Garhwa took cognizance of the offence on 08.10.2009 under Sections 376, 417 and 506 of the Indian Penal Code and 3(i)(x)(xii) and 2(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act 1989 and kept the file for commitment which gave rise to ST case no.344 of 2009 which is pending before the Special Court.