JAVED MEMON Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal revision is directed against the order dtd. 22/12/2014 passed by the Special Judge (Scheduled Caste and Scheduled Tribe [Prevention of Atrocities) Act, Dhamtari in Special Sessions Case No.14/2014, whereby charges under Ss. 294 and 506-B of the IPC and Sec. 3(1)(10) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short 'Act of 1989') has been framed against the applicant.

(2.) Brief facts necessary for disposal of this revision are that complainant Uttam Kumar Samrat was elected Sarpanch of Gram Panchayat Gatta-Silli and on the basis of the complaint filed by the applicant, the complainant was removed from the post of Sarpanch by the Sub-Divisional Officer, Revenue and the prescribed authority, Tahsil and District Dhamtari for various irregularities including financial illegalities committed by the complainant vide order dtd. 25/6/2014 and also disqualified the complainant for further six years to contest any elections of the Gram Panchayat. The said order dtd. 25/6/2014 was challenged by the complainant directly before the Additional Commissioner, Raipur and obtained stay order dtd. 2/7/2014. Thereafter, against the said stay order dtd. 2/7/2014 passed by the Additional Commissioner, Raipur, the applicant filed a Writ Petition (C) No.1700/2014 before this Court and this Court has stayed the effect and operation of the order dtd. 2/7/2014 passed by the Additional Commissioner, Raipur on 1/9/2014. Thereafter, by virtue of the order dtd. 1/9/2014 passed by this Court, the complainant was again removed from the post of Sarpanch by the Chief Executive Officer by order dtd. 18/9/2014. The complainant was removed from the post of Sarpanch vide order dtd. 18/9/2014 and immediately on the next day i.e. 19/9/2014 the complainant lodged the FIR alleging that the applicant had abused him at 11 A.M. on 19/2/2014 when he was talking to the hand-pump operator Ahsaram and also abused him with derogatory abusive words towards his caste and threatened with life. On the basis of said report, Crime No.24/14 was registered at Police Station Dhouli against the applicant for offences under Ss. 294 and 506-B of the IPC and Sec. 3(1)(10) of the Act of 1989.

(3.) After competing the necessary investigation, the charge-sheet was submitted before the Special Judge, Dhamtari on 17/12/2014 and after hearing the parties on framing of charges, the learned Special Judge vide impugned order dtd. 22/12/2014 framed the charges under Ss. 294 and 506-B of the IPC and Sec. 3(1)(10) of the Act of 1989 against the applicant. Hence, this criminal revision.