JUDGMENT :

Heard Mr. Shree Nivas Roy, learned counsel for the petitioner and Mrs. Priya Shrestha, learned counsel for the State.

2. The petitioner has filed this application for quashing the order dated 22.11.2012 passed by Sri A. Kumar, learned Judicial Magistrate, Madhupur, in T.R Case No.578 of 2012, arising out of P.C.R. Case No.283 of 2010, whereby, the prima facie case has been found against the petitioner for the offence under Sections 323, 504 of the Indian Penal Code and Section 3(1)(x) of the SC/ST (Prevention of Atrocities) Act. The petitioner has also challenged the order dated 7.10.2013 passed by the learned 1st Additional Sessions Judge, Deoghar, in Criminal Revision No.224 of 2012, whereby, the revision filed against the aforesaid order dated 22.11.2012, was dismissed by the Revisional Court.

3. The facts of this case lie in a short compass. The complaint case was filed by the opposite party No.2 against the accused persons in the Court of the learned S.D.J.M., Madhupur, in which, it is alleged that the accused persons assaulted the complainant and also abused her in the name of her caste. The complainant went to the police station to lodge the F.I.R but no action was taken and thereafter, she went to the SDPO, Madhupur, and narrated the whole situation, who also did not take any action and thereafter, the complaint was filed, which was registered as P.C.R Case No.283 of 2010.

4. The record shows that the statement of the complainant was recorded on solemn affirmation and four witnesses were also examined at the enquiry stage, who supported the case of the complainant and by order dated 30.5.2011, the learned Magistrate found the prima facie offence only under Sections 323 and 504 of the Indian Penal Code against the accused. No prima facie offence was found against the petitioners for the offence under Section 3(1) (x) of the SC/ST (Prevention of Atrocities) Act. The said order was challenged by the complainant by filing revision in the Revisional Court below, which was allowed by order dated 10th July 2012 passed by the learned 1st Additional Sessions Judge, Deoghar, in which, the Revisional Court gave a finding that on the basis of the materials on record, the offence under Section 3(1)(x)(xi) of the SC/ST (Prevention of Atrocities) Act was also attracted. Accordingly, the order dated 30.5.2011 passed by the learned Judicial Magistrate was set aside and the Court below was directed to pass the order afresh in accordance with law. Thereafter, by the impugned order dated 22.11.2012 passed by Sri A. Kumar, learned Judicial Magistrate, Madhupur, the prima facie offence has also been found for the offence under Section 3(1)(x) of the SC/ST (Prevention of Atrocities) Act, following the order passed by the Revisional Court below. Aggrieved by the said order, the petitioners filed the revision in the Revisional Court below, which was dismissed by order dated 7.10.2013 in Criminal Revision No. 224 of 2012 and these orders have been challenged in the present application.

5. Learned counsel for the petitioner submits that the impugned order passed by the learned Court, finding the prima facie offence also under Section 3(1)(x) of the SC/ST (Prevention of Atrocities) Act, against the petitioners, is absolutely illegal, in view of the fact that in the complaint petition, it is only stated that after the occurrence, the complainant went to the police station to lodge the F.I.R, but no action was taken and thereafter, shewent to the SDPO, Madhupur, and narrated the whole situation, who also did not take any action and thereafter, the complaint was filed. It is submitted by the learned counsel that the statutory procedure prescribed in Rule 5(3) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995, was not followed by the complainant, by giving the information, in writing by post, to the Superintendent of Police, who was required to take action in the matter after making the investigation either by