- (1.) HEARD the parties.
(2.) IN this application filed under section 482 Cr.P.C. the petitioner has prayed for quashing the order dated 2.12.2002 and the entire criminal proceeding pending before Chief Judicial Magistrate, Jamshedpur in C/1 case no. 1017/2002. Nand Gopal Sah Versus State Of Jharkhand The aforesaid complaint case was filed by the complainant/opposite party no.2 against four persons who are the officers of Tata Iron and Steel Company Ltd. (in short TISCO) including the petitioner. The complainant in the complaint petition alleged inter alia that she being poor lady approached M/s TISCO for allotment of shop at Sakchi Market, Jamshedpur. Accordingly, TISCO allotted two shops at Potato line Sakchi market vide his letter dated 1.9.2000. The complainant alleged to have been making payment of rent and other charges but possession of the shops could not be given to her. However, on 11.6.2002 on verbal agreement another shop was allotted to her by the TISCO being shop no. 5 situated at line no. 9, Bata Chowk, Sakchi market, Jamshedpur and since then the complainant has been in possession of the shop. It is alleged that suddenly on 20.8.2002 the complainant, her husband and her mother -in -law were preparing to get down the shutter of the said shop, the accused persons including the petitioner stormed into the said shop and asked the complainant to vacate the shop. All the accused persons including the petitioner threatened the complainant to evict her by force. The complainant reported the matter to the S.D.J.M. Jamshedpur for initiation of proceeding under section 144 Cr.P.C. It is alleged that on 28.10.2002 some security forces came to the shop of the complainant in jeep and trucks and all of them entered into the shop and got the articles loaded in the truck. The accused persons including the petitioner therefore committed offence under section 147,148,149,461,379/364 of the I.P.C. and Section 3 of the Schedule Caste and Schedule Tribe Atrocities Act.
(3.) THE Chief Judicial Magistrate, Jamshedpur by the impugned order dated 2.12.2002 came to the conclusion that no case under the provisions of Atrocities Act is made out but a case under section 379/ 323 I.P.C. is made out and accordingly cognizance has been taken.;