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2008 DIGILAW 804 (JHR)

Ramakant Pandey v. State of Jharkhand

2008-07-24

D.P.SINGH

body2008
Order The present petition has been preferred by Sri Ramakant Pandey, the Circle Inspector of Barkatta in Tandwa Block, District-Chatra. According to the present petitioner, he has been implicated falsely by the Circle Officer, Ram Niwas Pandey, for submission of report in Settlement Case No.6 of 98-99/46 of 98-99 on the basis of forged petition. According to this petitioner, the police submitted charge-sheet against him without valid evidence on records on which cognizance taken by the learned ADJ-cum-Special Judge, SC/ST Court Hazaribagh. 2. It further mentions that when the petitioner filed a petition for discharge under Section 227 of the Cr. P.C., the learned court below by the impugned order dated 6.5.2006, refused to consider it, although there was no valid evidence on the record. In this context, it is submitted that the learned court below did not consider the fact that in departmental proceeding he has been exonerated by the Deputy Commissioner Hazaribagh 3. It is further submitted that the Dy. S.P. has supervised the case to find the case under Sections 467, 468 of I.P.C. as well as under Section 3/4 of the Act not true. However, the court below took cognizance and further fixed the case for framing of the charge. Therefore this revision petition be allowed and order dated 6.5.2006 be set aside. 4. The learned A.P.P. appearing for the State opposed and submitted that under the provision of SC/ST Act, present revision petition is not maintainable. 5. I have carefully gone through the materials on record submitted by the petitioner vide Annexures-1, 2 and 3 and the impugned order at length. It is apparent from, the letter no. 314 dated 2.8.2001 that Circle Officer, Barkatta informed the police officer incharge, Gorhar as per direction of the Deputy Commissioner, Hazaribagh vide letter no. 140 dated 6.2.2001, to lodge the F.I.R against the petitioner as well as one Dhaneshwar Prajapati, Karamchari of the Circle. The petitioner was already suspended for recommending for settlement of the lands of scheduled caste persons to non-scheduled caste persons for areas described in the F.I.R. The detailed Inquiry Report was attached along-with the petition for F.I.R. The police after registration of the Gorhar P.S. Case No. 11 of 2001 completed investigation and submitted charge-sheet which reached the C.J.M., Hazaribagh in July, 2005. Thereafter, the matter was taken up under S.C./S.T. Act by Special Judge where the petition for discharge has been preferred and ultimately rejected on 6.5.2006. 6. From the impugned order it is apparent that the leaned trial court having considered that the petitioner has recommended on forged documents and proposals for settlement of the land bearing Khata No. 123, Plot No. 1373 of Village Banwari. It also appears that the departmental proceeding against the petitioner was started by the S.D.O. Barhi on a petition dated 3.12.1998. It also appears that the land in question was already allowed to Bhugal Bhuian, but the petitioner along-with other co-accused submitted a report which was dispossession of the members of scheduled caste. Taking into consideration that prima facie materials are available for framing of charge, the said petition for discharge was refused. I do not find any ground to differ with the view taken by the learned trial court as it is within jurisdiction and well reasoned. The provisions of this Act is to protect the interest of the handicapped scheduled caste and tribe persons who due to poverty and illiteracy are exploited. 7. In such view of the facts without going into the merits of the defence, I find that the present petition has got no merit. 8. Accordingly the present petition is dismissed.