- (1.) BY Court: Heard learned counsel for the petitioner and learned counsel for the State. No one has appeared for the respondent No. 2 in spite of service of the notice upon him.
(2.) THE petitioner is aggrieved by the order dated 03.12.2002 passed by learned 1st Additional Sessions Judge, Deoghar, in Cr. Rev. No.111 of 2000, whereby the court below has directed the C.J.M., Deoghar to take cognizance of the offence under S.C. and S.T. (Prevention of Atrocities) Act against the petitioner and to transfer the case to the file of 1st Additional Sessions Judge, Deoghar for disposal. The facts of the case in short, is that the petitioner at the relevant time was posted as District Superintendent of Education at Deoghar in the year 1998, during which, the inspection of primary schools were made under operation 'Achanak' under the direction of the Dy. Commissioner Deoghar. One such school being, Primary School, Manjhiyana, where the inspection was made by the Block Development Officer, Deoghar, under the direction of the Deputy Commissioner, Deoghar, on 07.09.1998, where the respondent No.2, Din Dayal Das was posted as a Teacher and he was found absent. Accordingly, the Deputy Commissioner, Deoghar vide letter contained in memo No. 2082/Confidential dated 13.10.1998 directed the petitioner, being the District Superintendent of Education, Deoghar, to take action against the said teacher. It further appears that reminder for the same was again given to the petitioner by letter dated 06.01.1999, issued by the office of the Deputy Commissioner, Deoghar, reminding the petitioner that the action taken report on the earlier letter had not yet been sent to the Deputy Commissioner. Thereafter the petitioner put the respondent no.2, Din Dayal Das under Suspension vide her order dated 7.1.1999, which has been brought on record as Annexure 3. The respondent No.2, Din Dayal Das along with his brother -in -law, Kamdeo Das went to the office of the petitioner and it is alleged that some demand of money was made by the concerned clerk and there was some altercation between the parties, and accordingly, F.I.R. was lodged against the petitioner and the concerned clerk by the respondent No.2, Din Dayal Das, on the basis of which, Deoghar P.S. Case No.17 of 1999 corresponding to G.R. No.56 of 1999, was instituted for the offence under Sections 341/323 of the Indian Penal Code and 3(1)(x) of the S.C. and S.T. (Prevention of Atrocities) Act. The said F.I.R. was lodged by the respondent No.2 against the petitioner and the concerned clerk on 26.01.1999 and the same has been brought on record as Annexure 5. On the next date i.e. on 27.01.1999, a complaint petition was also lodged by Din Dayal Das against the petitioner and the concerned clerk, which was registered as P.C.R. Case No.30 of 1999. It appears that the petitioner challenged the the F.I.R. in the Patna High Court in Cr.W.J.C. No. 99 of 1999, wherein by order dated 25.06.1999 the Patna High Court quashed the F.I.R. in Deoghar P.S. Case No.17 of 1999.
(3.) THE respondent No.2 however pursued the matter in the complaint case and by order dated 05.08.2000 passed in P.C.R. Case No.30 of 1999, the C.J.M., Deoghar, upon an enquiry, found prima facie case against the petitioner and the other co -accused under Section 323, 379 and 504 of the Indian Penal Code and took cognizance therefor, but the court below did not take any cognizance for the offence under S.C. and S.T. (Prevention of Atrocities) Act for the reasons given in the order dated 05.08.2000 itself. The said order dated 05.08.2000 passed in P.C.R. Case No.30 of 1999 was challenged by Din Dayal Das by filing Cr. Rev. No.111 of 2000 in the Court of Session. It appears that the petitioner was not even made a party in said revision application and the said revision petition was allowed by order dated 03.12.2002 passed by the 1st Additional Sessions Judge, Deoghar, directing the C.J.M., Deoghar to take cognizance against the petitioner under the relevant provisions of S.C. and S.T. (Prevention of Atrocities) Act as well, and to transfer the case after taking cognizance to the file of the 1st Additional Sessions Judge, Deoghar.;