DINESH SINGH BAISH Vs. CHHOTELAL

JUDGEMENT

(1.) This application under Section 482 of Cr.P.C. has been filed for quashment of RCT No.1012/2012 pending before the Court of JMFC, Bhind.

(2.) It is the case of the applicant that the respondent has filed a private complaint for offence under Sections 166, 323, 294, 506 PartII of IPC and under Section 3(1) and 3(2)(vii) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act on the allegation that on 23.1.2012, a family member of the respondent met with a vehicular accident. Although the distance of the police station from the place of accident was very near but the police did not reach for many hours. The injured was lying there for several hours, therefore, he died due to which the crowd gathered and highway was blocked. When the applicant along with other persons reached on the spot, then several persons behaved rudely with them and the complainant was also standing nearby the dead body of the deceased. Thereafter, on 23.1.2012 at about 5:00 PM when the respondent was returning back from the market and when he reached in front of the police Station Phoop, then Pramod Singh Bhadoriya caught hold him and took him to the police station, where the present applicant was also present. The applicant and Pramod Singh Bhadoriya started abusing the respondent and humiliated him by calling him by his caste name. The applicant assaulted the respondent by stick on his head due to which blood started oozing out. Pramod Singh Bhadoriya slapped him. It was further alleged in the complaint that the applicant and other co-accused persons also threatened the respondent that he would be detained. Thereafter Balakram, Asharama and Bhogiram came inside the police station and saw the entire incident. Thereafter, a complaint was submitted to the higher authorities but no action was taken and, accordingly, a private complaint under Sections 166, 323, 294, 506 Part-II of IPC and under Sections 3(1)(x), 3(2)(vii) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act was filed and the JMFC has taken cognizance of the same and has issued a arrest warrant on 19.7.2017.

(3.) Challenging the order passed by the Court below, it is submitted by the counsel for the applicant that the Magistrate is not competent to take cognizance of offence under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. It is argued that only the Special Judge is competent to take cognizance of the offence punishable under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, therefore, the order taking cognizance is beyond the competence of the Magistrate.