- (1.) Heard the learned Counsel for the petitioners, learned Counsel for the State and the learned Counsel for the Opposite Party No. 2.
(2.) The instant application under Section 482 of the Cr.P.C. has been filed by the petitioners, praying for quashing the impugned order dated-25.09.2006, passed by the Chief Judicial Magistrate, Giridih in Complaint Case No. 437 of 2006, whereby cognizance of the offences under Sections 323 and 379 of the I.P.C. and Sections 3 and 4 of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, was taken against the petitioners, whereafter the case was transferred to the Court of the S.D.J.M., Giridih.
(3.) The facts in brief, relevant for the disposal of this case, are as follows: A complaint case was lodged by the Opposite Party No. 2, Pyare Lal Das before the Chief Judicial Magistrate, Giridih on 13.04.2006, alleging therein that the petitioners along with others, had visited his land and tried to forcibly grab his land and had started raising some illegal constructions thereon. His complaints to the Police did not yield any prompt relief. Thereafter, he filed an application before the Sub-Divisional Magistrate, Giridih for restraining the petitioners from illegally encroaching upon his land. Subsequently on the alleged date of occurrence, while the complainant was on his way to the market to buy some house-hold goods, he saw that the petitioners alongwith some labourers were constructing boundary wall over his land. On his protest, the accused persons allegedly abused and assaulted the complainant/Opposite Party No. 2 by referring to his caste and had threatened him with dire consequences, if he raise any objections. He has further alleged that in course of the scuffle, the accused persons dishonestly removed a sum of Rs. 530/-from his pocket. On his alarms, some persons from his nearby village rushed to rescue him and upon seeing them the accused petitioners fled away. In course of the enquiry conducted by the court below, the complainant and his witnesses were examined and on the basis of their statements, the learned court below took cognizance for the aforementioned offences.;