JAYPRAKASH HINNA Vs. THAN SINGH JATAV & ANOTHER

JUDGEMENT

(1.) This revision petition has been preferred under Section 397 read with Section 401 of Cr.P.C. being aggrieved with the order passed by learned Special Judge, Bhind in Spl. S.T.No.30/09, whereby charges under Sections 294, 323, 506 Part II of IPC and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short the Act) have been framed against the petitioner.

(2.) In brief the facts of the case are that respondent No.1/complainant has filed a private complaint alleging that he belongs to scheduled caste community and was working in truck No.M.P.09/ K.C. 5925 as a cleaner. On 15.12.2005 at about 10.30 p.m. complainant was going from Itawah to Bhind on the aforesaid vehicle. As soon as he reached near RTO barrier, Phooph, Head Constable Jaiprakash Hinna, who was deputed there, stopped the vehicle and after verifying the papers of the vehicle, told that he would allow the vehicle to pass only when the complainant shall pay Rs.800/- as Suvidha Shulk. When the complainant told that he is having all the papers then why should he pay the said Shulk, petitioner started abusing him in the name of his caste by saying XXX XXX XXXand told that complainant has to pay Rs.800/-. When the complainant refused to pay, petitioner called his associates who caught hold of the complainant and petitioner gave beating to him by means of kicks and fists. When the complainant was going to lodge the report at police Station, Phooph, Jaiprakash, Nathu and Shersingh threatened him. Then complainant lodged the report at Harijan Thana, Bhind, in writing. Thereafter, on the direction of Harijan Thana, he came to police Station, Phooph, and submitted his complaint. The complainant also submitted the complaint to senior police officers, but no action has been taken. Hence, this private complaint has been filed. Learned Special Judge has recorded the statements of complainant Than Singh and his witnesses under Sections 202 of Cr.P.C. and taken cognizance against the petitioner. Vide impugned order, charges have been framed under Sections 294, 323, 506 Part II of IPC and Section 3(1)(x) of the Act. Being aggrieved, this revision petition has been filed by the petitioner.

(3.) It is submitted by learned counsel for the petitioner that impugned order is against the principles of law. The entire prosecution story has been fabricated. There is prima facie no evidence to show that complainant belongs to scheduled caste community. There is prima facie no evidence that petitioner has addressed the complainant with the name of his caste with intention to insult him. Hence, it is prayed that impugned order framing charges under Sections 294, 323, 506 Part II of IPC and Section 3(1)(x) of the Act be set aside.