Prashant Kumar, J. - (1.) THIS application has been filed for quashing the entire criminal proceeding in connection with Dhanwar P.S. Case No. 140 of 2011 instituted under sections 147, 148, 337, 323 and 504 of the Indian Penal Code and also under sections 3/4 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
(2.) IT appears that first information report of Dhanwar P.S. Case No. 140 of 2011 has been instituted on the basis of information given by the Opposite Party No. 2, wherein she alleged that informant along with others had gone to the land under dispute for measurement. It is further alleged that when Amin started taking measurement of the land of accused persons (petitioners) came at the place of occurrence and started pelting stones. They abused informant by taking her caste name. It is further stated that at the time of occurrence itself, the police arrived along with Circle Officer, Dhanwar, Mukhiya and Sarpanch of the village and they witness the occurrence. It is further stated that in course of the occurrence, Shanti Devi, Sunita Devi, Girija Devi and Uma Devi received injuries. Accordingly, present case lodged. It is submitted by Mr. Mahesh Tewari, learned counsel appearing for the petitioners that from perusal of first information report, no offence under the provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (herein after referred as the Act) made out. He further submitted that a proceeding is pending in between the parties under section 144 Cr.P.C. and only with a view to take revenge from the petitioners, present case has been filed. It is further submitted that Sub -divisional Police Officer, Sadar is investigating the case, who is not authorised to investigate the case as per Rule 7 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995 (hereinafter referred as the Rules). Accordingly, Mr. Tewari submits that the entire criminal proceeding in connection with Dhanwar P.S. Case No. 140 of 2011 be quashed.
(3.) ON the other hand, Mr. H.K. Shikarwar, learned Addl. P.P. submits that from perusal of allegations made in the first information report, it is clear that the petitioners insulted informant and abused her by taking her caste name in presence of other persons. Accordingly, he submits that offence under section 3(1)(x) of the Act made out against the petitioners. He further submitted that from perusal of Annexure -3, it is clear that a proceeding under section 144 Cr.P.C. was initiated on the application of informant's party, because the petitioners who are the second party in the aforesaid case had disturbed the first party from ploughing and cultivating the land under dispute. Accordingly, it is submitted that in fact the petitioners were disturbing the possession of informant's party on the land. He further submitted that from perusal of first information report, it is clear that on the date of occurrence, the land in dispute was measured by the Amin in presence of Dhanwar Police, Circle Officer, Dhanwar, Mukhiya and Sarpanch of the village and during said measurement, petitioners had assaulted informant's party by pelting stones and also abused them by taking their caste name. Accordingly, it is submitted that it can not be accepted that petitioners lodged a false case in retaliation of the proceeding initiated under section 144 Cr.P.C. Learned Addl. P.P. further submitted that Sub -divisional Police Officer is an officer equivalent to Deputy Superintendent of Police. Thus, even as per Rule 7 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, there is no bar upon the Sub -divisional Police Officer from investigating the case. He further submitted that more over the State of Jharkhand had issued a Notification under section 9(1) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act and empowered all the Inspector of Police and Sub -Inspector of Police to investigate the cases falling under Act. Accordingly, it is submitted that there is no illegality in the investigation as pointed out by the petitioners.;