RONGON MUKHOPADHYAY, J. - (1.) HEARD Mr. K.P. Deo, learned counsel for the petitioner and Mr.Vikash Kishore, learned counsel for the State. No one appears on behalf of Opposite Party No. 2, although notices were validly served upon him.
(2.) IN this application, the petitioner has prayed for quashing the entire criminal proceeding in connection with Palojori (Chitra) P.S. Case No. 14 of 1998 including the order dated 29.11.1999, by which cognizance has been taken for the offence under section 504 of the Indian Penal Code and section 3(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities)Act. (The Act for short). The prosecution story based on the written statement given by the opposite party no. 2 is to the effect that on 23.02.1998 while he was coming from Girja Dumping, he saw 20 -25 CISF Personnels running towards him with lathi. It is alleged that apprehending some trouble, the informant started running back but he was overtaken and surrounded by the CISF Personnels, who assaulted him with lathi, as a result of which, he suffered some injuries. It is also alleged that in course of assault, one of the CISF Personnels took out his revolver and assaulted the informant with the butt of the revolver on his face. It is stated therein that G.M., whose name was not known to the informant, was standing near the Kanta and while abusing the informant was giving an order to assault him. The entire incident, as per the version of the informant, was witnessed by several casual labourers and it was further alleged that C.I.S.F. Personnel removed a sum of Rs.15,300/ - from a truck standing there.
(3.) BASED on the aforesaid allegations in the written information, a case was instituted by the police and after investigation, chargesheet was submitted, pursuant to which, cognizance was taken by the learned Sub -divisional Judicial Magistrate Madhupur at Deoghar on 29.11.1999 for the offences under section 504 of the Indian Penal Code and section 3(x) of the Scheduled Caste and Scheduled Tribe Act ( Prevention of Atrocities)Act. Learned counsel for the petitioner has assailed the impugned order by stating that the written report of the informant -opposite party no. 2 makes out an offence against CISF Personnels and so far as the petitioner is concerned the only allegation is that he was standing on the spot and was instigating the CISF Personnels to assault the informant. He has submitted that the offence under section 3(x) of the Act as against the petitioner is not attracted since specific allegations have only been levelled against CISF Personnels. He has further submitted that the petitioner being the General Manager, S.P. Mines, Chitra has been falsely implicated in this case because on the same date i.e. on 23.2.1998, the contractual labourers were involved in an agitation and had prevented proper functioning of the offices, as a result of which, the petitioner had instituted an FIR against several of those persons.;