JUDGMENT :

Shampa Dutt (Paul), J.:

1. The present revision has been preferred praying for quashing of S.C./S.T. No. 05 of 2019, pending before the Learned Additional Sessions Judge, 1st Court, Asansol arising out of Kanksa Police Station Case No. 178/2019 dated 04.06.2019 under Sections 326/331/348/450/506/120B of the Indian Penal Code read with Section 3 of the Scheduled Caste and Scheduled Tribes Act.

2. The petitioner’s case is that a petition of complaint was filed before the Court of the Learned Additional Chief Judicial Magistrate, Durgapur by the opposite party no. 2 therein alleging commission of offences against the petitioners punishable under Sections 326/331/348/450/506/120B of the Indian Penal Code read with Section 3 of the Scheduled Caste and Scheduled Tribes Act. Pursuant to the direction of the Learned Additional Chief Judicial Magistrate, Durgapur, Kanksa Police Station Case No. 178/2019 dated 04.06.2019 under Sections 326/331/348/450/506/120B of the Indian Penal Code read with Section 3 of the Scheduled Caste and Scheduled Tribes Act was registered for investigation.

3. The allegations leveled in the said petition of complaint are inter alia to the effect that the opposite party no. 2 and the petitioners were having a land dispute due to Barga Cultivation by the opposite party no. 2’s predecessor.

4. On 01.04.2019 at about 9.00 p.m., the petitioners along with one Khanakar Enamul Haque and other local anti socials entered into the house of the opposite party no. 2 by breaking his house door. When the opposite party no. 2 tried to restrain the petitioners, the petitioners started using slang language by stating “Maro sala Adiwasi r Bacchha ke ar bhagao ekhan theke, er Adiwasi der ekhane bosiye bhul hua cha”. Thereafter the petitioners and their associates assaulted the opposite party no. 2 and his family members with the intention to make them vacate their house/premises.

5. The opposite party no. 2, immediately after the incident, went to Kanksa Block Health Centre for necessary treatment, where the doctors advised him to take rest for a month. The opposite party no. 2 further informed the incident to the Inspector-in-Charge, Kanksa Police Station along with a written complaint but no steps were taken, due to the influence of the petitioners.

6. It is the case of the petitioners that they are the co-sharers of a property situated at Mouza Kanksa being RS Plot No. 1579, RS Khatian No. 354, JL No. 79. The petitioners along with their other siblings inherited the property after the death of one Rahima Bibi subsequent to which their names have been duly mutated in the records of the Government and they are regularly paying their taxes with the Government.

7. That the National Highway authority constructed a bye-pass starting from Hirudiha village to Railway Over Bridge Crossing at Dharala. The family members of the opposite party no. 2 used to reside on the land which was acquired by the National Highway authorities for construction of such bye-pass. After acquisition of such land, the family members of the opposite party no. 2 duly accepted compensation granted by the authorities.

8. Since then the family members of the opposite party no. 2 temporarily settled by the side of the land of the petitioners but subsequently under the garb of such temporary settlement they started to grab the land of the petitioners. The petitioners preferred a petition under Section 144 of the Code of Criminal Procedure before the Learned Executive Court in November, 2018. Since commotion was caused by the family members of the opposite party no. 2, the petitioners lodged various complaints before Kanksa Police Station, but till date, no effective steps have been taken by them.

9. Finally when it was detected by the petitioners that the opposite party no. 2 and his family members were trying to illegally construct permanent structure over the said property, the petitioners preferred a being Title Suit No. 60 of 2019 before the court