- (1.) This application has been filed for quashing the order dated 17.3.2009 passed by Sub-Divisional Judicial Magistrate, Hazaribagh passed in Complaint Case No. 1201 of 2008 corresponding to T.R. No. 1166 of 2009, whereby he took cognizance against the petitioners under Sections 448 & 504 of the I.P.C. and Sections 3(iv), (viii), (x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. It appears that the complainant/opposite party No. 2 has filed a written report before the Officer-in-charge of Harijan Police Station, Muffasil Hazaribagh alleging therein that on 8th of January, 2008 petitioners' came to his house and utter that complainant belongs to 'dome' community and his work is to clean drainage. It is also alleged that the petitioners insulted the statue of Ambedkar installed in the field and threatened that they will break it. On the basis of aforesaid written report Sadar P.S. Case No. 2 of 2008 instituted and police took up investigation.
(2.) It appears that after investigation, police submitted final form, which was accepted by the court on 4.8.2008. However, before the acceptance of the said final form, opposite party No. 2 filed a protest petition, which was treated as complaint and accordingly complaint Case No. 1201 of 2008 instituted. Thereafter, complainant's statement recorded on oath. During inquiry, some witnesses also examined. After the said inquiry, the Sub-Divisional Judicial Magistrate, Hazaribagh took cognizance of the offences as stated above vide his order dated 17.3.2009 which is impugned in this application.
(3.) It is submitted by Sri Sameer Saurav that the present petition has been filed by the complainant with an intention to take vengeance from the petitioners, because the complainant/opposite party No. 2 had failed to get any relief in suits filed by his father. He submits that in aforesaid suits decree passed in favour of petitioners, which were confirmed up to Hon'ble Supreme Court. It is also submitted that earlier complainant filed case against the father of the petitioners, under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, in which petitioners' father has been acquitted. It is further submitted that even from perusal of F.I.R., complaint petition and S.A. of complainant, no offence under Sections 448 & 504 of the I.P.C. & Sections 3(iv), 3(viii) & 3(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act is made out. Accordingly, it is submitted that learned Sub-Divisional Judicial Magistrate, without assigning any reason as to how the said offences are made out, has passed the impugned order, thus, same cannot be sustained.;