FAUJDAR BIND Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri S.K. Shukla, learned counsel for the revisionists, Sri Ram Surat Saroj, learned counsel for opposite party no.3 and learned AGA for the State.

(2.) The accused persons Faujdar Bind, Chiranju Bind, Ranno and Shitla Bind revisionists herein preferred this revision against the order dated 29.3.2005 passed by the Additional Civil Judge (Senior Division) II, Court No.8, Bhadohi at Gyanpur, in Case No.155 of 2004 State Vs. Chiranju and others whereby the learned Magistrate relying upon the report submitted by Circle Officer, Gyanpur dated 14.1.2003 took cognizance under Section 3 (1) 10 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and committed the case for trial to the Special Judge SC/ST Act fixing 29.4.2005 for trial.

(3.) The relevant facts for deciding the revision are that the Investigating Officer submitted charge sheet against the accused persons who are revisionists herein under Sections 323, 324, 504, 506 I.P.C. relating to Crime No.281 of 2002, Police Station Unjh, District Sant Ravidas Nagar, Bhadohi. The charge sheet was submitted against the three accused persons on 16.9.2002 and against one accused on 20.9.2002. The learned Magistrate took cognizance on the basis of the charge sheet. Thereafter, Circle Officer / Deputy S.P. Investigating Officer, recorded statement of the complainant Smt. Draupadi who supported the prosecution case in her statement including allegation relating to Section 3 (1) 10 SC/ST Act.The Investigating Officer after recording her statement submitted the report on 14.1.2003 to the effect that there is prima facie evidence regarding commission of the offence against the revisionists under Sections 323, 324, 504, 506 I.P.C. and 3 (1) 10 SC/ST Act.