Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.52135 of 2008 ===================================================== 1. Lal Narayan Singh, son of Late Dahaur Singh. 2. Rana Ashok Kumar @ Rana Ashok Singh. 3. Abnay Kumar Singh @ Abhay Singh. Both sons of Lal Narayan Singh. 4. Manoj Kumar @ Manoj Singh. 5. Rana Nikheel alias Saroj Singh. Both sons of Ramswaroop Singh. 6. Ajay Singh. 7. Rana Prabhakar alias Sunil Singh. Both sons of Rajdeo Singh. All residents of village-Dhanauji, P.S. Pakaridayal, District-East Champaran. .... .... Petitioners. Versus 1. The State of Bihar. 2. Dhirendra Paswan, son of Late Kailash Paswan, resident of village- Dhanauji, P.S. Pakaridayal, District-East Champaran. .... .... Opposite Parties. ===================================================== Appearance : For the Petitioners : M/s. Md. Anis Akhtar, Anjdaula Siddiqui & Mahtab Alam, Advocates. For the State : Mr. Dashrath Mehta, A.P.P. ===================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA CAV ORDER ----------------- 4 23-03-2012 This application, filed on behalf of behalf of the petitioners, under Section 482 of the Code of Criminal Procedure, is to quash the order dated 5.1.2008 passed in Pakridayal P.S. Case No.10 of 2007 by the Sub Divisional Judicial Magistrate, Sikrahana, Motihari, District-East Champaran, taking cognizance of the offence under [STATUTE] and Sections 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the petitioners. Patna High Court Cr.Misc. No.52135 of 2008 (4) dt.23-03-2012 2 / 4 2 2. The brief fact, leading to this application, is that on the basis of the written report of the opposite party no.2, Dhirendra Paswan, Pakridayal P.S. Case No.10 of 2007 was instituted under [STATUTE] and Sections 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the accused-petitioners on 24.2.2007, in which the opposite party no.2 has alleged that in the evening of 24.2.2007 at about 6 P.M., after purchasing the vegetables from Dhanauji Market, he came to his residence and was sitting at his door. At that time, the accused-petitioners came to his door and asked him denoting his caste’s name ‘Sala Dusadh Chamar’ as to why he did not go to do the agricultural work at their field. Thereafter, on the instruction of the accused-petitioner no.1, Lal Narayan Singh, all the accused folding the ‘Gamchha’ on his neck carried him from his house to their house causing assault through lathi, phatta and fists and slaps. On raising hulla, his villagers, Gaya Prasad Singh, his brother, Vigu Paswan, Kameshwar Paswan, Jalandhar Paswan and others rushed there and saved him to receive more injury and, thereafter, he was carried to Pakridayal Hospital by them. 3. The police, on investigation, submitted the chargesheet against the accused petitioners in the court of the Sub Divisional Patna High Court Cr.Misc. No.52135 of 2008 (4) dt.23-03-2012 3 / 4 3 Judicial Magistrate, Sikrahana, Motihari, who on perusal of the chargesheet and the case diary took the cognizance of the offence under [STATUTE] and Sections 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the accused-petitioners through the impugned order. 4. Learned counsel appearing on behalf of the petitioners made submission that the petitioners are innocent and have been falsely implicated by the opposite party no.2 in counter blast of Pakridayal P.S. Case No.9 of 2007 instituted on the basis of the information of the accused-petitioner no.1, Lal Narayan Singh, against the opposite party no.2 and others regarding theft on 24.2.2007. It has also been submitted that from perusal of the First Information Report, it would appear that the alleged insult was not within the public view as the occurrence is said to be at the door of the accused-petitioners and, therefore, Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act would not be applicable in the case of the accused-petitioners. 5. The allegation, as appears from the First Information Report, which is Annexure-‘1’ to this application, is that the opposite party no.2 was carried folding the ‘Gamchha’ on his neck from his door by the accused-petitioners by causing assault and Patna High Court Cr.Misc. No.52135 of 2008 (4) dt.23-03-2012 4 / 4 4 denoting his caste’s name ‘Sala Dusadh Chamar’ at their door, where he was assaulted by them through lathi, phatta and slaps and fists and on the intervention of the witnesses, he was saved and, later on, carried to the Pakridayal Hospital. As such, I find no substance in the submission of the learned counsel appearing on behalf of the petitioners that the alleged insult was not within the purview of the public view. 6. Under the aforesaid facts and circumstances, I find no illegality in the impugned order dated 5.1.2008 passed in Pakridayal P.S. Case No.10 of 2007 by the Sub Divisional Judicial Magistrate, Sikrahana, Motihari, District-East Champaran, taking cognizance of the offence under [STATUTE] and Sections 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the petitioners, amounting to abuse of the process of the Court. Accordingly, this applications stands dismissed. However, the petitioners would be at liberty to raise all the points, as raised herein, at the appropriate stage in the trial court. P.S./- (Rajendra Kumar Mishra, J)

Applicable IPC Section: 325

Statute Text:
Section 325 of the Indian Penal Code. Voluntarily causing grievous hurt. Whoever, except in the case provided for by section 335, voluntarily causes grievous hurt, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.