Hari Shankar Sah and Another vs The State of Bihar and Another

Mridula Mishra, J.—Heard learned counsel for the petitioners and the learned counsel appearing for opposite parties. Petitioners are aggrieved by the order dated 9.7.2003, passed by the Judicial Magistrate, 1st Class, Bhojpur (Ara) in complaint Case No. 130(C) of 2003 by which cognizance has been taken under Sections 323, 420, 504/34 of the Indian Penal Code and Section 3/4 of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act (hereinafter referred to as the S.C. & S.T. Act).

In the complaint petition it has been alleged that the accused persons assured him that they have got political connection and they will give employment to his son. They demanded Rs. 40,000/- for the work, but since no employment was given to his son, he went to his residence and there he was abused saying "Sala Dusadh". The complainant on solemn affirmation did not mention regarding naming him as Dusadh. he witnesses who were examined, they have also not said any word regarding naming the complainant as "Dusadh".

From perusal of the complaint petition there is no material or any whisper as alleged by the complainant or the witnesses in making out a case u/s 3/4 of the S.C. & S.T. Act.

Learned counsel for the petitioners has stated that for making out a prima facie case u/s 3/4 of the S.C. & S.T. Act the complainant must state those words which are sufficient for making out a prima facie case u/s 3/4 of the S.C. & S.T. Act. Therefore, the cognizance u/s 3/4 of the S.C. & S.T. Act be quashed.

Counsel for opposite party No. 2 has stated that so far as cognizance u/s 3/4 of the S.C. & S.T. Act is concerned admittedly the act complained in solemn affirmation had not mentioned any word referring the complainant for making out a prima facie case. So far the cognizance taken under Sections 323 and 420 of the Indian Penal Code is concerned there is sufficient material for investigation as such the trial should continue with regard to these sections.

Accordingly the order taking cognizance u/s 3/4 of the S.C. & S.T. Act is hereby quashed. So far the cognizance under Sections 323, 420, 504/34 of the Indian Penal Code is concerned I do not find any material for quashing the order taking cognizance under these sections. The proceeding will continue so far as Sections 323, 420, 504/34 of the Indian Penal Code. With the aforesaid directions/observations, this application is disposed of.