SUDHAKAR BENJWAL Vs. STATE OF UTTARAKHAND AND ANOTHER

JUDGEMENT

(1.) BY way of this criminal misc. application, moved under Section 482 CrPC, the prayer has been made to quash Criminal Misc. Case No. 680 of 2006 Beeru Lal v. Sudhakar Benjwal, which was pending in the court of Chief Judicial Magistrate, Rudraprayag. The same was later on committed to Sessions and registered as Sessions Trial No. 7 of 2007 for the offence of Sections 325, 326, 504 and 506 IPC read with Section 3/19 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act).

(2.) IT is pertinent to mention that private respondent Sri Beeru Lal has been sufficiently served, but has not been represented by any of his private counsel, so this Court has rendered hearing to the learned counsel for the petitioner and learned AGA.

(3.) THE facts, shorn off unnecessary details as divulged from the record, are that the Complaint No. 680 of 2006 was filed by Sri Beeru Lal against Sri Sudhakar Benjwal -teacher in a local intermediate college based at Timli, Tehsil Jakholi and Sri Veer Singh -a clerk in that college, making the allegations against them. Sri Beeru Lal has averred in his complaint that his son Bharat Lal was a student of 10th standard in that school. On 25.1.2005, he was a heading towards the class -room after offering usual prayer in the play -ground of the school. At the same time, Sri Sudhakar Benjwal was also proceeding towards the class -room. Both were dashed together, which enraged Sri Benjwal. Sri Sudhakar Benjwal began to beat Sri Bharat Lal and having the racial feeling, he gave 5 to 6 slaps to the student on his temple. He also used caste indicative words threatening to kill him. This beating gave rise to the pain in the ear of student, so he was taken to Community Health Centre, Agastmuni by his father, wherefrom he was referred to Srinagar Hospital. It has been averred that Sri Veer Singh -clerk of that college encouraged accused Sri Sudhakar Benjwal for this misdeed because both accused persons belong to the higher caste status, while the complainant is a scheduled caste. Sri Beeru Lal examined himself under Section 200 CrPC and his wife Manorama and son Bharat Lal under Section 202 CrPC. The learned Magistrate, having gone through the contents of the complaint as well as the statements under Sections 200 and 202 CrPC, took cognizance of the matter against Sri Benjwal only on 26.9.2006 for the offence of Sections 325 and 506 IPC. Feeling disgruntled, complainant Sri Beeru Lal preferred Revision No. 16 of 2006 to the court of Sessions Judge, which was adjudicated on 15.11.2006 with the direction to the court below that further opportunity be given to the complainant for hearing and then appropriate orders be passed in the light of observations made in the body of judgment of the revision, which were indicating that the Sessions Judge was of the view regarding the nature of the offence to be made out under Sections 326/504 read with Section 3/19 Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act). The learned Magistrate on 25.1.2007 modified his order of cognizance. The second order of cognizance divulged that the learned Magistrate has modified the order of cognizance merely on the basis of the view as expressed by learned Sessions Judge in the operative portion of the judgment of revision. Neither he applied his own mind nor provided any further opportunity of hearing to the complainant.