GIRIJA DEO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the learned counsels for the petitioner, State and the Opposite Patty no. 2.

(2.) The petitioner has filed this application for quashing the order dated 15.3.2005 passed by the Judicial Magistrate, Garhwa in Complaint Case No. 702 of 2004 whereby the Judicial Magistrate summoned the petitioner for facing the trial for the offence committed under Sections 323, 380, 452 of the I.P.C. and under Section 3/4 of Scheduled Caste & Scheduled Tribes Act and also has summoned two other accused persons for facing the trial under Sections 323,380 and 452 I.P.C.

(3.) The case of the complainant, in brief, is that he has got a piece of land appertaining to Khata No. 155, Plot No. 146, measuring an area of three decimals and the accused Girija Deo (the petitioner) claiming the said land to be his own, tried to get the foundation laid by Ram Natli Paswari and Shivnath Paswan and on protest by the complainant he abused the complainant by tittering "SALE DUSAD ACHHOT, NEECH HARIJAN" mid asked him to leave the land. In the meantime when the wife of the complainant Kabutri Devi came there, the accused abused her also by filthy words and along-with other accused, snatched the Silver Neekless from her. It is further alleged in the complainant petition that Girija Deo threatened the complainant that he will burn the complainant and his wife by Pouring KEROSIN OIL on them. The Chief Judicial Magistrate, Garhwa registered a case on the basis of the complainant i.e. Complaint Case No. 762 of 2004 and after examining the complainant on solemn affirmation, took cognizance and transferred the case for enquiry to the Court of Judicial Magistrate, Garhwa. Thereafter, the Judicial Magistrate examined the witnesses of the complainant under Section 202 Cr. P.C., After considering the complaint petition, S/A of the complainant recorded under Section 200 Cr. P.C., and the statements of the witnesses who have been examined under Section 202 Cr. P.C., finds that a prima-facie case is made out under Sections 323, 380 and 452 I.P.C. and under Section 3 & 4 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. The Court further finds that accused Girija Devi deserves to be summoned for facing trial for prima-facie having committed the offence under Sections 323, 380, 452 I.P.C. and 3 & 4 S.C., S.T. Act and the accused Ramnath Paswan and Shivnath Paswan deserves to be summoned for facing trial for prima-facie having committed the offences under Sections 323, 380 and 452 I.P.C. Thereafter, the court below directed to issue summon against the accused persons including the petitioner.