Harish Chandra Mishra, J. - (1.) Heard learned counsel for the petitioners and learned counsel for the State, as also learned counsel for the opposite party No. 2. The petitioners have filed this application for quashing the order dated 22.11.2012 passed by Sri A. Kumar, learned Judicial Magistrate, Madhupur, in T.R. Case No. 578 of 2012, arising out of P.C.R. Case No. 283 of 2010, whereby, the prima facie case has been found against the petitioners for the offence under Ss. 323, 504 of the Indian Penal Code and Sec. 3(1)(x) of the SC/ST (Prevention of Atrocities) Act. The petitioners have also challenged the order dated 7.10.2013 passed by the learned 1st Additional Sessions Judge, Deoghar, in Criminal Revision No. 224 of 2012, whereby, the revision filed against the aforesaid order dated 22.11.2012, was dismissed by the Revisional Court below.
(2.) The facts of this case lie in a short compass. The complaint case was filed by the opposite party No. 2 against the accused persons in the Court of the learned S.D.J.M., Madhupur, in which, it is alleged that the accused persons assaulted the complainant and also abused her in the name of her caste. The complainant went to the police station to lodge the F.I.R. but no action was taken and thereafter, she went to the SDPO, Madhupur, and narrated the whole situation, who also did not take any action and thereafter, the complaint was filed, which was registered as P.C.R. Case No. 283 of 2010.
(3.) The record shows that the statement of the complainant was recorded on solemn affirmation and four witnesses were also examined at the enquiry stage, who supported the case of the complainant and by order dated 30.5.2011, the learned Magistrate found the prima facie offence only under Ss. 323 and 504 of the Indian Penal Code against the accused. No prima facie offence was found against the petitioners for the offence under Sec. 3(1)(x) of the SC/ST (Prevention of Atrocities) Act. The said order was challenged by the complainant by filing revision in the Revisional Court below, which was allowed by order dated 10th July, 2012 passed by the learned 1st Additional Sessions Judge, Deoghar, in which, the Revisional Court gave a finding that on the basis of the materials on record, the offence under Sec. 3(1)(x), (xi) of the SC/ST (Prevention of Atrocities) Act was also attracted. Accordingly, the order dated 30.5.2011 passed by the learned Judicial Magistrate was set aside and the Court below was directed to pass the order afresh in accordance with law. Thereafter, by the impugned order dated 22.11.2012 passed by Sri A. Kumar, learned Judicial Magistrate, Madhupur, the prima facie offence has also been found for the offence under Sec. 3(1)(x) of the SC/ST (Prevention of Atrocities) Act, following the order passed by the Revisional Court below. Aggrieved by the said order, the petitioners filed the revision in the Revisional Court below, which was dismissed by order dated 7.10.2013 in Criminal Revision No. 224 of 2012 and these orders have been challenged in the present application.;