- (1.) Heard counsel for the petitioners and counsel for the opposite party no. 2 as also the counsel for the State.
(2.) The petitioners in this application under section 482 Cr. PC, have challenged the order dated 28.07.2005 whereby, cognizance for the offences under sections 3(i)(xi) of the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, was taken by the court below against the petitioners vide C.P. Case No. 149 of 2005.
(3.) Assailing the impugned order and challenging the continuation of the proceedings as being a misuse of the process of the court, counsel for the petitioners raises the following grounds: i. Admittedly, the date of occurrence is of 31.10.2004 and for the same occurrence, husband of the complainant / opposite party no. 2 had already instituted a FIR which was registered as Tundi P.S. Case No. 55 of 2004. ii. The petitioners had also instituted a counter case against the husband of the opposite party no. 2 for the same occurrence which was registered at the police station vide Tundi P.S. Case No. 56 of 2004 and after cognizance being taken for the offences recommended in the charge sheets submitted in the respective cases, the cases were pending trial. iii. After about three months, the present complainant being the wife of the informant of the earlier case, has chosen to file a complaint petition on totally concocted and malicious allegations only to apply pressure upon the petitioners and to harass them. iv. The complainant has obtained the impugned order of cognizance by suppressing the material facts in as much as, a distorted version of the alleged incident has been given by her, suppressing the version given by her husband in the earlier case. v. At the alleged time of occurrence, petitioners were in the hospital for treatment of the injuries which they had sustained at the hands of complainant's husband in course of the occurrence which took place at about 8.30 AM.;