Harish Chandra Mishra, J. - (1.) HEARD learned counsel for the petitioner, learned counsel for the State as also learned counsel for the complainant O.P. No. 2.
(2.) THE petitioner is aggrieved by the order dated 2.7.2013 passed by the learned Sub -Divisional Judicial Magistrate, Deoghar, in P.C.R. Case No. 265 of 2010, whereby prima facie offence under Sections 147, 148, 341, 323, 379, 385 and 504 of the Indian Penal Code and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (hereinafter referred to as the 'SC/ST (POA) Act') has been found against the petitioner. The petitioner has also prayed for quashing the entire criminal proceeding against him in the said complaint case. The facts of this case lie in a short compass. The complainant O.P. No. 2 has filed the complaint case in the Court of the Chief Judicial Magistrate, Deoghar, wherein it is alleged that the petitioner used to torture the complainant for giving him the piece of land in Plot No. 252, situated at Jasidih. It is alleged that on the date and time of alleged occurrence, when the complainant was going to Jasisih Bazar, the petitioner along with other co -accused persons forming unlawful assembly and variously armed, had trespassed upon the land and they were digging the earth. Upon objection by the complainant, the petitioner abused the complainant in filthy languages taking the name of his caste and the accused persons, including this petitioner, assaulted the complainant and it is alleged that the petitioner took away Rs. 1,000/ - from the pocket of the complainant and also demanded levy of Rs. 50,000/ -. The complainant gave the information about the occurrence at the police station, but no action was taken and thereafter he also met to the S.D.P.O. and Superintendent of Police, Deoghar, but they also did not take any action upon it. With these allegations the complaint case was filed, which was registered as P.C.R. Case No. 265 of 2010.
(3.) IT appears that the matter was inquired into by the Court below, in which, complaint examined five witnesses and on the basis of evidence brought on record at the enquiry stage, the Court below, though found that there was land dispute between the parties, but also found the prima facie offence under Sections 147, 148, 341, 323, 379, 447, 385 and 504 of the Indian Penal Code against the accused persons, by order dated 31.1.2011, passed by the learned Sub -Divisional Judicial Magistrate, Deoghar. The complainant, aggrieved by the fact that no prima facie offence under the SC/ST (POA) Act had been found against the accused persons, filed revision before the learned Sessions Judge, Deoghar, which was registered as Cr. Revision No. 21 of 2011 and by order dated 19.1.2013, passed by the learned 1st Additional Sessions Judge, Deoghar, the said revision application was allowed and the order, passed by the learned Sub -Divisional Judicial Magistrate, Deoghar, was set aside and the learned Court below was directed to pass the order afresh judiciously. Thereafter by the impugned order dated 2.7.2013, learned Sub -Divisional Judicial Magistrate, Deoghar also found prima facie offence under Section 3(1)(x) of the SC/ST (POA) Act also, apart from the aforementioned offences under the Indian Penal code, and the process was ordered to be issued against the accused persons. Being aggrieved and dissatisfied with the said order, the present criminal miscellaneous petition has been filed by the petitioner.;