Harish Chandra Mishra, J. - (1.) Heard learned counsel for the petitioners and the learned counsel for the State as also learned counsel for the opposite party No. 2. This application has been filed for quashing the entire criminal proceeding, including the F.I.R. in Sector -IV, S.C./ST. P.S. Case No. 2 of 2008, corresponding to G.R. No. 212 of 2008, instituted for the offence under Ss. 3(1)(iv) and (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
(2.) The F.I.R. shows that the informant along with his family members and all the members of the Santhal Samaj had gone to the land in question, which is alleged to be illegally claimed by the accused persons. It is alleged in the F.I.R. that the accused persons had abused and insulted the informant in the name of his caste, and accordingly the F.I.R. was lodged, on the basis of which Sector -IV, S.C./S.T. P.S. Case No. 2 of 2008, corresponding to G.R. No. 212 of 2008, was instituted for the offence under Ss. 3(1)(iv) and (x) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act.
(3.) Learned counsel for the petitioners has submitted that the petitioners have been falsely implicated in this case and the F.I.R. itself would show that the informant party was the aggressor in the case. It is submitted by learned counsel for the petitioners that the petitioners are living on the land in question after constructing their house, which was attacked by a mob of about 400 to 500 persons and they committed mischief in the house of the petitioners damaging the property of the petitioners. In this connection, learned counsel has brought on record Annexure -5, which is a report submitted by the Officer In -charge of Dugda Police Station, which shows that there was land dispute between the parties and on the date of occurrence about 400 to 500 persons had attacked the house of the petitioners and committed mischief in various ways damaging the household articles and vehicles of the petitioners. The report shows that it was very difficult for the police party to control the mob and in order to maintain the law and order situation, the police party had to be deployed along with the Magistrate. Learned counsel has submitted that the F.I.R. has been filed absolutely with the false and malicious allegations and it is a fit case for exercise of the inherent power under Sec. 482 of the Cr.P.C., for quashing the F.I.R.;