RAM SHARAN JATAV Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Ajay Sengar, learned counsel for the appellant, learned A.G.A. and perused the record.

(2.) The challenge in this appeal is to the order dtd. 14/10/2019 of the Special Judge (SC and ST Act), Jalaun at Orai in Criminal Misc. Case No. 72 of 2019 Ram Sharan Jatav Vs. Sandeep Dixit and others Police Station Madhogarh, District Jalaun. By the impugned order the lower court rejected the application of the appellant under Sec. 156 (3) Cr.P.C. of the appellant.

(3.) Brief facts of the case are that the appellant Ram Sharan Jatav moved an application under Sec. 156 (3) Cr.P.C. before the Special Judge (SC and ST Act) Jalaun on 18.09.2019 along with affidavit that he is a resident of Village Bangara, P.S. Madhogarh, District Jalaun and is by caste 'Chamar' (scheduled caste). Sandeep Dixit the son of Gram Pradhan Brahmin by caste is a person of criminal nature. He exploits the weaker Sec. persons and on protest abuses them and gives them threat of life. Because of his terror no one comes forward to file a suit or depose against him. On 07.09.2019 at 9.00 p.m. he was coming back from the market to his home along with Uday Singh, as soon as he reached in front of the house of the Village Pradhan and was purchasing something from the shop existing in the house of Village Pradhan, Sandeep Dixit along with his companion Prem Babu Pachori came there. Sandeep Dixit kicked him from the back. When he resisted both of them in furtherance of their common intention hurled caste based abuses and asked him why did he refuse to come on their call to work for them. Both of them assaulted and beat him badly with fists, blows and kicks. Mohit s/o Ram Swaroop, Udai Singh s/o Veer Singh and other persons standing thereby saved him. He submitted his complaint in the police station Madhogarh on 08th September, 2019 his report was taken but the same was not registered. He got himself medically examined on 09.09.2019 by his own and gave his complaint to the Circle Officer Madhogarh on 10.09.2019 and Superintendent of Police, Jalaun on 12.09.2019 by registered post but his report has not been lodged till now. The accused persons who are influential persons are giving threat not to let him live in the village, hence the officer incharge of police station concerned be directed to lodge the first information report and investigate the matter.