AWADHESH PRASAD TIWARI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicant has preferred the present petition under section 482 of the Cr.P.C. against the order dated 11.1.2011 passed by the learned JMFC, Damoh in criminal case No.67/2011, whereby the cognizance of offence punishable under section 4 of the SC/ST (Prevention of Atrocities) Act, 1989 (hereinafter it will be referred to as 'Special Act') was taken against the applicant.

(2.) The facts of the case, in short, are that, the prosecutrix/complainant had lodged an FIR against Arvind Yadav and Rajendra Yadav for offence punishable under section 341, 354, 506-B read with section 34 of IPC and section 3 (1) (xi) of the Special Act. Thereafter, the case was investigated. In investigation, one Kanno @ Kamla Bai, cousin of the prosecutrix and other 4 witnesses were believed to have stated that nothing was done by the accused persons with the prosecutrix. Thereafter, the applicant who was the investigation officer has submitted a final report before the higher authorities and with the recommendation of S.P., Damoh, a final report was filed before the JMFC, Damoh (Shri S.S.Jamra). In consideration of final report, the prosecutrix was called for her examination and the prosecutrix had filed a criminal complaint against the accused Arvind Yadav and Rajendra Yadav. The various witnesses including the prosecutrix, Devraj Singh and Bhuri Bai were examined under sections 200 and 202 of the Cr.P.C. On 11.1.2011, the learned JMFC registered a complaint against the accused persons and also found that the prosecutrix and other witnesses have stated that SDOP, Tendukheda (the applicant) threatened them to get the signature of the prosecutrix on blank papers and also obtained the signatures and thumb impressions of various witnesses on blank papers and therefore, the learned JMFC had directed that the SDOP, Tendukheda be also made an accused in the case. Thereafter, order on merits was passed later on, in which it was directed that a case for offence punishable under section 4 of Special Act may be registered against the applicant.

(3.) I have heard the learned counsel for the parties.