- (1.) HEARD the learned counsel for the parties.
(2.) IN this application the petitioner has prayed for quashing of the order dated 13.2.2002 passed by the Judicial Magistrate, Latehar in Complaint Case No. 90 of 2001 whereby the learned Magistrate took cognizance of the offence under Sections 147/379 of the Indian Penal Code and Section 3/4 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the Act) against the petitioner. The brief facts of the case are, that Complaint Case No. 90 of 2001 was filed by the Opposite Party No.2 Dhawali Devi, against the petitioner and others, alleging therein that plot No. 3/6 of Khata No. 39 area 15 decimal which is a Dhan Kheth was the raiyati land of the complainant. The paddy grown by the Complainant was ready for harvesting. On 2.10.2001 the Complainant and her daughter -in -law, Phoolmati Devi had gone to harvest the paddy in their field, at that time about 9 A.M. all the accused persons came to that paddy field and started assaulting the complainant and her daughter -in -law. They also took away some ornaments after snatching from the person of the complainant valued at Rs. 4,000/ -. They also took away the harvested paddy worth Rs. 1200/ -. It was further alleged that the accused persons at the time of leaving the place of occurrence threatened them in the following language; - "SALA CHAMAR YADI THANA ME JAYEGA TO GHAR ME AAG LAGA KAR TUM LOGO KO JINDA JALA DENGE".
(3.) THE learned Additional Chief Judicial Magistrate, Latehar, after registering the complaint, transferred the same to the court of Judicial Magistrate, Latehar under Section 192 Cr.P.C. for enquiry and trial.;