BALDEO RABIDAS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) The relevant facts, in short, are that the petitioner lodged a F.I.R. against the accused persons, the private opposite parties herein alleging therein that on 07/05/1996 in the evening, while the petitioner and other villagers were deliberating about the Harizan Samiti, the accused persons came with Lathi and started assaulting them saying that "Sala Harizan Log Netagiri Kar Raha Hai". When the Mohalla people came there, the accused persons fled away.

(3.) From the impugned order I find that the learned Special Judge, after considering the relevant provisions of SC/ST (Prevention of Atrocities) Act and the rules, rejected the prayer of the prosecution to send the case for reinvestigation. However, he observed that the said illegality should have been pointed out at the stage of taking cognizance or at the stage of framing of the charge. However, the Special Judge after discharging the accused persons for the offences under the SC/ST (Prevention of Atrocities) Act sent back the case to the Chief Judicial Magistrate for transferring the case to a competent court for trial for the offences under the Indian Penal Code only.