IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.30063 of 2008
(1) Nand Kishore Singh,
(2) Uma Shankar Singh, both sons of Mokhtar Singh,
(3) Mokhtar Singh, son of Late Banars Singh, All of North Madubani (Shukhali Tola, PS
Sangrampur, District East Champaran - Petitioner.
Vs.
The State of Bihar.
2 23.6.2011
Herd learned counsel for the petitioner and the State.
This application has been filed for quashing the order,
dated 1.2.2008 passed by the Chief Judicial Magistrate, Motihari
in Vaishali (Hajipur) SC/ST PS Case No. 142/2007 taking
cognizance for the offences alleged to have been committed under
sections 447, 341, 323, 504/34 of the Penal Code and 3(1)(x) of
the SC/ST Act.
The informant is a dealer under the public distribution
system. It is said that the petitioners asked him for 20 liters of
kerosene oil which he refused. The petitioners thereafter abused
him and came back after some time armed with weapons and
abused by taking his caste name and also slapped him.
Learned counsel for the petitioners submits that
petitioner no.3 has filed a case against the informant vide
Annexures 2 and 3 of this application. It is, therefore, submitted
that it is because the informant wanted to take revenge that he has
instituted this false and fabricated case against the petitioners.
Learned counsel submits that it is not probable that these
petitioners who are on litigating terms with the informant would
have gone to his shop and asked for kerosene oil and as such the
entire case is improbable and filed for malicious reasons.
2
Although this court is not inclined to interfere in the
matter at the stage of taking cognizance, I make it clear that the
court below will examine these aspects of the matter and specially
take into account whether section 3(1)(x) of the SC/ST Act would
apply in view of the facts of this case considering that the place of
occurrence is admittedly the house of the informant where he is
running his shop.
This application is disposed of with the aforesaid
observations.
haque ( Sheema Ali Khan, J.)