Sandeep Kumar, J.—Heard the learned counsel for the appellant, learned Special PP for the State and the learned counsel for the informant.

2. This appeal is directed against the order dated 30.08.2018 passed by the Special Judge, Kishanganj in Kishanganj SC/ST P.S. Case No. 06 of 2018 by which the Court below has taken cognizance against the appellant for the offences punishable under Sections 341, 323, 504, 325 of the IPC and under Sections 3(i)(r) of the SC/ST (POA) Act.

3. As per the case of the prosecution, one Shivaji Kumar gave a written report before the S.H.O. of SC/ST Police Station, Kishanganj on 09.05.2018 alleging therein that on 08.05.2018 at about 11:00 O' Clock when the informant was going to his house and when he reached near the street of his house then Chintu Sinha was in front of his vehicle and when the informant asked him to move away then Chintu Sinha abused him by taking his caste name and when the informant protested then Chintu Sinha assaulted him and pushed him on the ground due to which the informant got injured and thereafter, Chintu Sinha pressed his throat with intension to kill him. Chintu Sinha also spited in the mouth of informant.

4. On the basis of aforesaid written application, police registered a case bearing Kishanganj SC/ST P.S. Case No. 06 of 2018 for the offence punishable U/s 341,323,504 of the I.P.C. and u/s 3(i)(r) of the SC/ST (POA) Act, 1989. After investigation police submitted Charge-Sheet No. 08 of 2018 dated 04.08.2018 U/s-341,323,504,325 of the I.P.C. and 3(i)(r) of the SC/ST (POA) Act, 1989 against the appellant, thereafter, the Court below took cognizance against the appellant.

5. It has been submitted by the learned counsel for the appellant that the appellant has committed no offence and he has falsely been implicated in the present case due to malicious motive and dirty village politics. He further submits that the appellant and the respondent no. 02 are resident of same village and for petty matter, the present case has been lodged by the informant against the appellant.

6. It has further been submitted by the learned counsel for the appellant that on the alleged date and time of occurrence when the informant was going to his house by motorcycle then in the way respondent no. 2 dashed the appellant and then the appellant said to the respondent no.2 to ride bike carefully but he started quarreling with the appellant and some altercation took placed between them then respondent no.2 said that he will implicate the appellant in false case. Thereafter, the respondent no.2 lodged the present false case against the appellant. He further submits that the present case has been lodged by the respondent no.2 against the appellant merely with view to harass him and to extort illegal money from the appellant in the name of compromise in the case and to extort money from the government fund.

7. It has further been submitted by the learned counsel for the appellant that it appears from perusal of injury report dated 08.05.2018 of the respondent no.2 that the informant has received three injuries. Injury no.1 is abrasion on right elbow, injury no.2 is bruise on left of elbow and injury no.3 is swelling on right cheek (2 x 5 cm). It also appears from the injury report that injury no.1 and 2 are simple caused by hard and blunt object and injury no.3 for opinion was kept reserved. He further submits that from the perusal of injury report of respondent no.2 dated 30.07.2018 the victim was examined by the doctor on 05.07.2018 about after 57 days from the date of advice and occurrence and opinion of doctor about injury No.3 is grievous in nature, which itself shows that the said injury report was manipulated. He further submits that the appellant has denied the allegation levelled against him and he has no connection with the alleged occurrence.

8. It is next submitted by the learned counsel for the appellant that the appellant neither abused the respondent no. 02 by taking his caste name nor assau