R.A.SINGH,J. - (1.) THIS application has been moved under section 482 of Criminal Procedure Code for quashing the order dated 3.6.2008, passed by Chief Judicial Magistrate, Orai, under sections 504, 506 IPC and section 3(1)(x) of Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, in complaint case case no. 03/2008.
(2.) THE brief facts giving rise to this application in this court are that applicant is a respectable person of District Jalaun and has been carrying on his business of commission agent in Galla Mandi in the name of his firm "Prem Kishor Ashok Kumar", while the complainant Raghunath Prasad being a leader of Bahujan Samaj Party is engaged in extracting the money from the business men and respectable persons in the Mandi in the name of goonda tax. The Complainant Raghunath Prasad demanded Rs. 30,000/- from the applicant, who refused to make payment of the same, which annoyed the complainant, who concocting a false story moved an application under section 156(3) Cr.P.C. before Chief Judicial Magistrate to this effect that on 9.9.2007, at about 2 P.M. The complainant Raghunath Prasad along with Baladeen and Hari Ram reached the house of the applicant Ashok Kumar and asked him to make payment of the price of his produce, at which the accused applicant thus with intention to insult abused him by saying "Madarchod Chamra Wale Teri Kya Aukat Ki Tu Mujhse Rupaya Bapas Le". A report was called by the learned Chief Judicial Magistrate from the police on the said application and the police submitted its report in favour of the applicant. The learned Chief Judicial Magistrate directed the said applicant to be registered as complaint case vide order dated 19.12.2007. The learned Chief Judicial Magistrate Orai recorded the statement of complainant under section 200 Cr.P.C. and his witnesses Baladeen and Hari Ram under section 202 Cr.P.C. and summoned the applicant for trial under sections 504, 506 IPC and section 3(1)(x), Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, vide his order dated 3.6.2008. The learned counsel for the applicant has contended that the Chief Judicial Magistrate ignored the police report and relied on the statements of witnesses Hari Ram and Baladeen while the statements of complainant and his witnesses were contradictory to each other. It has however been submitted that the complainant and his witnesses have been running the group of goondas and extracting the money from the citizens by way of threatening them and instituting the false cases and thus they have abused the process of law.
(3.) I have heard the learned counsel for the parties, on this application under section 482 Cr.P.C. and perused the record. A perusal of the copy of the complaint the statements recorded under section 200 and 202 Cr.P.C. and police report shows that a prime facie offence under section 504 IPC and section 3(1)(X) of Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 are made out against the applicant. This argument of the learned counsel for the applicant cannot be looked into at this stage that the contradictions in their statements have occurred, because it is only the Trial Court which would look into this question as to whether their evidence can be relied on. So far as the question of police report is concerned, the same cannot be termed as evidence. The Magistrate calls for the police report on the application under section 156(3) Cr.P.C. in order to ascertain as to whether any FIR has been lodged at Police Station in respect of the same occurrence and the police is not required to furnish its report about truth of the same.;