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2014 DIGILAW 1008 (PAT)

Ravindra Kushwaha v. State of Bihar

2014-09-17

ASHUTOSH KUMAR

body2014
Ashutosh Kumar, J. – Nobody appears either on behalf of the petitioner or opposite party no.2. Mr. Jharkhandi Upadhyay, learned Additional Public Prosecutor appearing for the State has assisted the Court in the matter. 2. The order dated 05.10.2007 passed by the learned Additional Chief Judicial Magistrate, Patna City in Alamganj P.S. Case No.146 of 2007, whereby cognizance under Sections 341, 450, 379/34 of the Indian Penal Code and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been challenged. 3. The allegation in the First Information Report is that the landlord of the informant, namely, Sukhdeo Ram along with his sons Sonu Kumar and Sanjay Kumar entered in the house of the informant and took away the articles, details of which has been stated in the First Information Report and the valuation of such articles have been assessed at Rs.20,000/-. The cause of filing this case was that the landlord and his two sons disclosed that the informant being a lady of Scheduled Caste cannot be allowed to stay in his house. She was, as alleged, asked to vacate the house or would have to suffer the ignominy of being thrown out by force. 4. From the records, it appears that the specific allegation has been levelled against the landlord, namely, Sukhdeo Ram, and his sons Sonu Kumar and Sanjay Kumar. Nothing has been alleged against the petitioner, who is only stated to have been present in the room when the occurrence took place. It further appears that the petitioner had taken the same premises on rent from the landlord-accused of this case. 5. Be that as it may, even if the averments in the First Information Report is accepted to be true, no offence under anyone Sections of the Indian Penal Code or under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act can at all be said to have been made out against the petitioner. 6. Considering the fact that there is no specific allegation against the petitioner and otherwise also the offences are not made out from the reading of the First Information Report, the order taking cognizance dated 05.10.2007 passed by the learned Additional Chief Judicial Magistrate, Patna City in Alamganj P.S. Case No.146 of 2007 is not fit to be sustained and is hereby quashed. 7. The application stands allowed.