R.R. Prasad, J. - (1.) This application has been filed for quashing of the entire criminal proceeding of Hazaribagh Sadar (SC/ST) P.S case no.33 of 2009 including the order dated 19.1.2011 whereby and where under cognizance of the offences punishable under Sections 341, 323, 504/34 of the Indian Penal Code and also under Section 3(i)(iv)(x)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been taken against the petitioners.
(2.) It was submitted on behalf of the petitioners that Hira Lal Sethi and Panna Lal Sethi had entered into an agreement with the informant for selling .021/2 acres and also 7 acres of land which is part of Khas Mahal land. The informant paid part of the consideration money to them. In course of time, both of them, namely, Hira Lal Sethi and Panna Lal Sethi died, as a result of which, the land in question devolved upon the legal heirs of Hira Lal Sethi as Panna Lal Sethi died issueless. The legal heirs of Hira Lal Sethi executed a power of attorney in favour of petitioners no.1 and 2 for looking after the properties and also for pursuing the application filed before the Khas Mahal Officer, Hazaribagh for permission to sell the land, permission was granted. Meanwhile, a case was lodged as Hazaribagh Sadar (SC/ST) P.S case no.33 of 2009 by the opposite party no.2 on the allegation that these petitioners along with labourers came over the land in question and started demolishing the boundary wall and piller erected by her. She was also assaulted and was abused within the public view with the intention to malign and dishonour her. She could be saved only with the intervention of the neighbours but by the time she was rescued, the accused persons snatched away her gold ornaments.
(3.) The matter was taken up for investigation. During investigation, the police found the allegation to be false. However, the court on the basis of materials available in the case diary took cognizance of the offence, vide order dated 19.1.2011 which is under challenge.;