- (1.) HEARD the learned counsel for the parties.
(2.) IN this application the petitioners have prayed for quashing of the F.I.R. i.e. Schedule Caste and Schedule Tribe P.S. case no. 16 of 2002 registered under sections 447, 427/34 of Indian Penal Code and Section 39(1)(IV)(V) of Sehedule Caste and Sehedule Tribes (Prevention of Atrocities) Act, 1989. The gist of the allegation made in the F.I.R. registered on the basis of the written report, by the opposite party no.2 to the Officer in -Charge of Schedule Caste and Schedule Tribe police station, are that r the informant claimed the ownership of the land, having an area of 19 decimals bearing plot no.978, Khata no. 173, situated at St. Peters School Road, Birsa Chowk, Hinoo, in the district of Ranchi, on the basis of the purchase by a registered deed. He claimed that, he on the basis of an agreement dated 24.4.1993 was in occupation of his house after having constructed boundary walls and since then was residing with his family members.
(3.) IT is alleged that on 14.12.2002, the informant said to have raised boundary wall to the height of 3 -1/2 -4 feet. In the evening at 7 -7.30 PM. when the informant's wife, son and daughter were present in the house, at that time the accused persons, along with their men, came and demolished the newly constructed boundary wall. On the basis of the said report, the present F.I.R. was registered against the accused persons, under the aforesaid sections as mentioned above and the investigation was taken up.;