Judgment 1. Heard the counsel for the petitioner and the counsel appearing for opposite party no. 2. 2. This application has been filed for quashing the order, dated 16.11.2002, whereby the Judicial Magistrate, 1st Class, Bettiah, has taken cognizance against the petitioner under Sections 323, 504, 448 and 325 of the Indian Penal Code and under Sec.3(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 3. On 3.7.2001 Complaint Petition No. 1000C of 2001 was filed before the Chief Judicial Magistrate, West Champaran, by opposite party no. 2 alleging that on 28.6.2001 all the accused persons, including accused no. 4, the Circle Officer, Bettiah, came near the residence of complainant. The Circle Officer, Bettiah, abused him on which he made a protest and said that he has been living in his house, built over 3 decimals of land, since last forty years, which has been settled in his name. It has also been alleged that the accused persons, with the help of labourers, started dismantling his house, assaulted him with fists and slaps. Accused Nos. 3 and 4 committed theft of Rs. 27,000/-, ornaments worth Rs. 3,000.00 and clothes worth Rs. 1,000/-. An enquiry under Sec.202 of the Criminal Procedure Code was conducted and the Magistrate by the impugned order issued summons to other accused persons and the petitioner for facing trial. 4. Counsel for the petitioner submits that in the entire complaint petition only allegation against the petitioner is that he has given "hurra" blow in the abdomen of the complainant. There is no allegation that the petitioner abused and called him "chamar" or "harijan". There is nothing to show that prima facie any case under Sec.3(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, is made out against the petitioner. The petitioner has annexed entire order-sheets of Encroachment Case No. 2 of 1997-1998. It has been submitted that the complaint petition has been filed as the complaint made by Dukhhi Sah and others encroachment case was initiated against the complainant. The complainant had encroached upon the public land and the public road. When the proceeding was initiated notice was issued to him and enquiry was conducted, after notice under Sec. 6 of the Public Land Encroachment Act. The complainant had encroached upon the public land and the public road. When the proceeding was initiated notice was issued to him and enquiry was conducted, after notice under Sec. 6 of the Public Land Encroachment Act. Measurement of the land was done by the Anchal Amin and Anchal Nirikchak and finally a finding was recorded that the complainant has encroached upon the land of khesra no. 323 and a direction was issued to remove the encroachment. When the order for removal of encroachment was made and the encroachment was removed, with the help of Circle Officer, Bettiah, and others, complaint case has been filed by the complainant. 5. From the perusal of the entire order-sheets of the encroachment case, it transpires that the complainant was not a settlee of the land. He had encroached upon a public land and a proceeding was initiated and finally the encroachment was removed, maliciously a complaint case was instituted. The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, was enacted by the legislature to protect the interest of Scheduled Castes and Scheduled Tribes, but when it is being used to implicate any one for personal gain, this proceeding should never continue. A judicial process should not be instrumental operation for harassment through the complaint petition. 6. Considering the fact that allegation made in the complaint petition do not make out an offence but the material show that the same is for malicious reason, the order, taking cognizance, as well as entire criminal proceeding of Complaint Case No. 1000C of 2001 is quashed. 7. Accordingly, this application is allowed.