Rongon Mukhopadhyay, J. - (1.) In this application the petitioners have prayed for quashing the entire criminal proceedings in connection with Manjhiaon P.S. Case No. 45 of 2009 including the order dated 29.03.2010 passed by the learned Chief Judicial Magistrate, Garhwa whereby and whereunder cognizance has been taken for the offences punishable under Ss. 323, 347, 452, 504/34 of the Indian Penal Code and Sec. 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
(2.) The allegations made in the complaint petition which was initially filed by the complainant -opposite party No. 2 which was subsequently referred to the police under Sec. 156(3) of the Code of Criminal Procedure is to the effect that in the night of 28.02.2009 the petitioners armed with Lathi entered into the Fair Price Shop of the informant and abused him in the name of his caste. On refusal of the informant to give one quintal of rice as demanded by the petitioners he and his wife were assaulted and were also abused in the name of their caste.
(3.) Heard Mr. Devesh Krishna, learned counsel appearing for the petitioners. No one appears on behalf of the State.;