D. N. PRASAD, J.

( 1 ) THIS is an application under S. 482 of the Code of Criminal Procedure for quashing the entire criminal proceeding of Patan P. S. Case No. 16 of 1997 corresponding to G. R. No. 124 of 1997 relating to SC/st No. 19 of 1997 by which the Chief Judicial Magistrate, Palamau at Daltonganj took cognizance of the offence under Ss. 341, 323, 342, 504, 379, 354/34 of the Indian Penal Code and Ss. 3/4 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (the Act ).

( 2 ) THE short facts giving rise to the prosecution case is that one Bhukhli Devi wife of Santu Bhuinya and Nirmala Devi wife of Jai Prakash Ram had gone defecate near a Government Pond early in the morning at 6 a. m. Shortly thereafter the petitioners came there and abused them and also reprimanded them for having come near the Pond. There is also an allegation that the petitioner Nos. 2 and 3 took away the golden chain from the person of Nirmala Devi. They had earlier abused and assaulted the female folk and also there is an allegation of outrage modesty. Accordingly, a First Information Report was lodged against the accused/petitioners.

( 3 ) THE learned counsel f