JUDGMENT

B.P. RAY, J. — Petitioner assails the order dated 19.1.2004 passed in I.C.C. No. 28/2002 wherein the learned S.D.J.M., Chha¬trapur has taken cognizance of the offences under Sections 218/294 I.P.C. and U/ss. 3(1), (ix), (x), (xv), 3(2), (vi), (vii) and 4 of the S.C. & S.T. (P.A.) Act, 1989 and issued process against the petitioner.

2. It is alleged that on 11.10.2002 while the complainant-opposite party was engaged in grazing his cattle, he was abused and assaulted by some of his villagers. Petitioner was the Officer-in-charge of Hinjili Police Station at the relevant time. In order to lodge complaint, the complainant went to Hinjili P.S. and met the petitioner. The petitioner, however, did not enter¬tain the complaint, on the contrary, complainant (opp. party) was arrested and forwarded to the Court and on the basis of which, G.R. Case No. 376/2002 was initiated. After release, the com¬plainant-opp. party filed a complaint case against the petitioner and four others and the learned Magistrate after conducting enquiry U/s. 202, Cr.P.C. took cognizance of the offences as aforesaid. The petitioner challenges the said order on the ground that he being a public servant cannot