- (1.) Heard learned counsel for the petitioner and learned counsel for the respondent State. No one appears for O.P. No.2 in spite of repeated calls, though the O.P. No.2 has appeared through Vakalatnama. On the earlier occasion also, no one had appeared for O.P. No.2 in spite of repeated calls.
(2.) In the present application, the petitioner has prayed for quashing the entire criminal proceeding against him in Basia P.S. Case No.11 of 1999, corresponding to G.R. No 135 of 1999 including the order dated 17.1.2000 whereby the cognizance was taken against the petitioner by the learned Chief Judicial Magistrate, Gumla for the offences under Section 447 and 420 of the IPC and Section 3, 5 and 10 of the S.C. and S.T. (Prevention of Atrocities) Act.
(3.) It appears that the complaint petition was filed by the O.P. No.2 in the Court of Chief Judicial Magistrate, Gumla which was registered as Complaint Case No.230 of 1998 and the said complaint was sent for institution of police case under Section 156(3) of the Cr.P.C., on the basis of which Basia P.S. Case No.11 of 1999 was instituted against the petitioner and the other co-accused persons. From perusal of the said complaint case, it is apparent that the complainant, who claimed to be a widow belonging to Schedule Tribe, had stated that the accused persons, including the petitioner, had constructed a house over the land of the complainant and they had also fraudulently obtained the documents relating to the land from the complainant and they demanded Rs.20,000/-, whenever the complainant wanted the said documents back. It is alleged that on 3.11.1998, the accused persons were putting boundary on the land, which was objected by the complainant, and again Rs.20,000/- was demanded by the accused persons and they also threatened the complainant. It also appears that the said case was investigated by the Sub Inspector of police, who submitted charge-sheet against the accused persons for the offence under Section 447 and 420 of the IPC and Section 3, 5 and 10 of the S.C. and S.T. (Prevention of Atrocities) Act, on the basis of which by order dated 17.1.2000, passed by the Chief Judicial Magistrate, Gumla, the cognizance of the offences was taken and the case was transferred to the Special Court for trial.;