IMPORTANT POINT
A prima facie case must be established at the cognizance stage, particularly under the SC/ST Act, focusing on whether allegations, even if taken at face value, constitute an offense.

ORAL JUDGMENT :

Heard learned counsel for the appellants and learned Special Public Prosecutor for the State.

2. The present appeal is directed against the order dated 08.10.2024 passed by the learned Exclusive Judge SC and ST (POA) Act, Darbhanga in connection with SC/ST Case No. 49 of 2024 arising out of SC/ST P.S. Case No. 75 of 2023 registered under 341, 323, 324, 354(B), 379, 504, 506, 34 of the IPC and Section 3(1)(r), 3(1)(s), 3(2)(va) SC/ST (POA) Act, 1989 whereby and whereunder cognizance for the offences punishable under 341, 323, 324, 504, 34 of the IPC and Section 3(1)(r), 3(1)(s), 3(2)(va) SC/ST (POA) Act, 1989 has been taken against the appellants.

3. The prosecution story, in brief, is that appellants runs a Chola Bhatura shop at Chhotu Market (Khirma). On 12.09.2023, appellants abused the informant by calling his caste name and told him to clean the room of ATM upon which the informant reacted to the appellants about the manner of speaking. Thereafter, appellants again abused the informant by his caste name. It is alleged that appellant no. 2 wearing iron fighter assaulted the informant upon his head and nose as a result of which informant sustained injury upon his head and nose. When the informant’s mother came to rescue the informant, then, the appellant no. 2 also assaulted the informant’s mother and tore the blouse of the informant’s mother. It is further alleged that appellant no. 1 undressed the informant's mother and assaulted her. It is further alleged that appellant no. 2 snatched Rs. 2,500/- from the pocket of the informant. It is further alleged that appellant no. 1 is said to have snatched gold mangalsutra worth Rs. 8,000/- from the neck of the informant’s mother. It is further alleged that appellants threatened the informant that if he files the case, he would be killed.

4. On the basis of written statement of informant, SC/ST Case No. 49 of 2024 arising out of SC/ST P.S. Case No. 75 of 2023 has been registered under 341, 323, 324, 354(B), 379, 504, 506, 34 of the IPC and Section 3(1)(r), 3(1)(s), 3(2)(va) SC/ST (POA) Act, 1989.

5. Learned counsel for the appellants submits that appellants are not in any way connected with the ATM. He further submits that the place of ATM does not belong to the appellants. He further submits that from the perusal of FIR, it is clear that appellants run shop of Chhola Bhatura at Chhotu Market and informant always came at the shop of appellants and used to eat chhola bhatura in credit. He further submits that when the appellants demanded their due money, then, the informant and his family members registered a false case against the appellants. He further submits that no case of SC/ST is made out against the appellants. Learned counsel for the appellants submits that appellants are shopkeepers and they have not committed any offence as alleged in the FIR and the allegation levelled against the appellants are absurd and improbable on the basis of which no offence is made out against the appellants. He further submits that the alleged occurrence has not taken place in public view.

6. Learned counsel for the appellant has relied upon decision of Rakesh Kumar and Ors. Vs. State of Bihar and Anr. (Cr. Misc. No. 29902 of 2016) passed by the Co-ordinate Bench of this Court in which at para 17, 20, 25, 26, 27 and 28 of the said decision it has been held as follows:-

“17. In Pepsi Foods Limited & Anr. Vs. Special Judicial Magistrate and Ors. reported in (1998) 5 SCC 749 Hon’ble Supreme Court has observed as follows:-

"28. Summoning of an accused in a criminal case is a serious matter. Criminal law cannot be set into motion as a matter of course. It is not that the complainant has to bring only two witnesses to support his allegations in the complaint to have the criminal law set into motion. The order of the Magistrate summoning the accused must reflect that he has applied his mind to the facts of the case and the law applicable thereto. He has to examine the nature of allegations mad