RAJARAM PATEL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Present revision is directed against the order dtd. 24/10/18 passed by the Special Judge (Atrocities), Baloda Bazar, district Baloda Bazar in S.T. No. 16/2018 whereby the trial judge has framed charges against the applicants under Sec. 3(1)(r) of the SC/ST (Prevention of Atrocities) Act (hereinafter referred to as the 'Act') and Ss. 186, 294, 506 Part II read with Sec. 34 IPC.

(2.) As per prosecution case, complainant is the Patwari of Patwari Halka No. 31 at village Dhangaon. On 11/9/15, when complainant along with Revenue Inspector N.R.Bhosle was doing the work of land acquisition at village Nawapara, at that time, present applicants came on the spot and abused the complainant in filthy language and also in the name of caste with an intention to humiliate him within public view and when the complainant asked him as to why they are abusing, the applicants tried to assault him however some of the villagers intervened and they came back without finishing the work. Complainant lodged a report against the applicants on the basis of which Crime No. 295/2015 was registered against the applicants under Ss. 186, 294 and 506/34 IPC. After completion of investigation, charge sheet was filed against the applicants and after considering the arguments, the trial judge framed charge under Sec. 3(1) (r) of the Act and Ss. 186,294 and 506/34 IPC. Hence, the present revision.

(3.) Counsel for the applicants submits that the order passed by the trial court is contrary to the facts and circumstances of the case. The trial court has erred in not considering the fact that the FIR has been lodged by the complainant after 48 days of the incident and no explanation has been given by him in the FIR therefore, no charges are made out against the applicants. It has been submitted that the complainant has not submitted the caste certificate during the entire investigation therefore the police has not mentioned the SC/ST Act against the applicants. On 12/4/17, the District Prosecution Officer filed application for taking documents on record and submitted the caste certificate of the complainant. The trial judge has failed to appreciate the fact that the entire charge sheet does not disclose the offence under Sec. 3(1)(r) of the Act. The impugned order has been passed in a mechanical manner. Learned trial court has not applied its judicial mind and therefore the charges framed against the applicants deserve to be set aside. Reliance has been placed in the matter of Boda Rakesh Naik Vs. State of Telangana in Cr.A. No. 1115 of 2016 vide its judgment dtd. 21/12/2016 (High Court of Andhra Pradesh); Ravinder Singh Vs. State of Himachal Pradesh , 2010 AIR(SC) 199 and Dr. Subhash Kashinth Mahajan Vs. State of Maharastra and Another , 2018 6 SCC 454.