- (1.) Rule, returnable forthwith. By consent heard finally. The applicants pray for setting aside the order passed under section 156(3) of the Criminal Procedure Code dated 19-1-2013 by the learned Judicial Magistrate, First Class, Beed and the First Information Report No. M.B./02 of 2013 registered with Peth Police Station Beed, for offence punishable under section 4 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Section 166 of the Indian Penal Code.
(2.) The applicants state that the respondent No. 2 filed a complaint with the Magistrate bearing MCA No. 99 of 2013. The learned Magistrate passed an order dated 19th January 2013 and forwarded the complaint to the Deputy Superintendent of Police Beed for investigating the matter under section 156(3) of the Code of Criminal procedure (for short, "the Code").
(3.) Substance of the complaint filed by respondent No. 2 is that the complainant is resident of Officer Colony Beed and he belongs to Scheduled Caste. The complainant was appointed on 4-1-1993 in Government Polytechnic as Carpenter. He is discharging his duties in the said capacity since January 2006 in Government Polytechnic Beed. It is alleged that the complainant has become eligible for getting promotion. However, the accused deliberately did not carry out the process of promotion and failed to promote the complainant. This act of the accused, according to the complainant, is an offence punishable under section 4 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, "Act of 1989"). The police registered the offence under section 4 of the Act of 1989 and under section 166 of the Indian Penal Code on 24th January 2013.;