RAJEEV JAIN Vs. STATE OF M P

JUDGEMENT

(1.) The petitioner has filed this petition against the order dated 10.11.2006 by which the court has taken cognizance against the petitioner on a private complaint filed by the respondent no. 2. The court has held that there is evidence to take cognizance against the petitioner for commission of offence punishable under Section 294 of IPC and Section 3 (1) (x) of SC/ST (Prevention of Atrocities ) Act.

(2.) The respondent no. 2 filed a private complaint under Section 200 of Cr.P.C. He pleased that he is member of SC and he was working as Peon in the office of Registrar. The petitioner was posted as Registrar in the office of Registry. The petitioner had forced the respondent no. 2 to clean toilet and sever system. When he refused to do the act the petitioner had abused him by the language of his caste. The report of the incident was lodged at the Police Station. No action was taken.

(3.) The court has held that there is prima facie evidence to take cognizance against the petitioner for commission of offence punishable under Sections 294 of IPC and Section 3 (1) (x) of SC/ST (Prevention of Atrocities ) Act. The court did not discuss the evidence. It is also a fact that the petitioner was working as Registrar in the Registry office and the allegation against the petitioner are during office hours. The court also did not discuss the fact that whether the sanction from the Government is necessary because the petitioner is public servant. Before taking cognizance against the petitioner the sanction is necessary or not as required under Section 197 of Cr.P.C.