PATNA, India, Oct. 3 -- Patna High Court issued the following judgment on Sept. 4:

Heard both sides.

2. The present appeal has been filed for quashing the order dated 21.12.2023 passed by the learned Additional District and Sessions Judge Ist cum SC/ST Special Judge, Sheikhpura in connection with SC/ST Case No. 101 of 2023 arising out of Sheikhpura SC/ST P.S. Case No. 27 of 2023 for the offences under Sections 147, 148, 149, 341, 323, 379, 504, 506 of the IPC and Sections 3(1)(r), 3(1)(s), 3(2)(va) of the SC/ST Act whereby and whereunder the learned trial court has taken cognizance against the appellants under Sections 341, 323, 34 of the I.P.C. and Sections 3(1)(r)(s) and 3(2)(va) of the SC/ST Act.

3. As per prosecution case, on 05.08.2023 at about 9 AM informant was going to Biharsharif to appear in examination. In the meanwhile, appellants alongwith other armed with iron rod, lathi, pistol, hammer and spade assembled in the shop of appellant no. 1 which is situated near Gramin Bank Chewada. It is alleged that aforesaid persons attacked the informant while abusing him. It is further alleged that appellant no. 1 assaulted the informant upon the back side of his head by means of hammer as a result of which informant sustained head injury. It is alleged that wife of appellant no. 1 threw brick from the terrace. It is further alleged that appellant no. 3 pointed pistol upon the temple of informant. Thereafter, the aforesaid persons abused the informant by calling his name and thrashed him on the ground and appellant no. 2 took out Rs. 5,000/- from the pocket of informant.

4. On the basis of said written statement, SC/ST Case No. 101 of 2023 arising out of Sheikhpura SC/ST P.S. Case No. 27 of 2023 has been registered for the offences punishable under Sections 147, 148, 149, 341, 323, 379, 504, 506 of the IPC and Sections 3(1)(r), 3(1)(s), 3(2)(va) of the SC/ST Act.

5. Learned counsel for the appellants submits that provisions of SC/ST is not be applicable in the present scenario as any commission of offence does not take place in public view. He further submits that occurrence took place in the shop of appellant no. 1. He further submits that wife of appellant no. 1 has also lodged FIR bearing Chewara P.S. Case No. 62 of 2023 against the informant and three-four unknown persons. He further submits that during the course of investigation, there was no material to take cognizance against the appellants. He further submits that appellant no. 1 has filed informatory petition with regard to the recovery of Rs. 4,290/- and in retaliation of the said informatory petition, false case has been lodged against the appellants. He further submits that informant is said to be habitual in lodging false FIR. He further submits that the present case is of civil nature as the appellant no. 1 is a business man and he is doing business with his wife in the shop of cloths and jeweler at the time of occurrence.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MjQjMTMzMSMyMDI0IzEjTg==-WiSC8EfI3z8=

Disclaimer: Curated by HT Syndication.