RAMPRAKASH Vs. PATIRAM

JUDGEMENT

(1.) THIS petition is for setting aside the order dated 6.10.2007 passed by First Additional Sessions Judge to the Court of First Additional Sessions Judge, Bhind in Criminal Revision No. 118/07, whereby the learned Judge has affirmed an order dated 25.7.2007 (25.4.2007) passed by Judicial Magistrate First Class, Bhind in Criminal Case No. 138/07 based on a private complaint filed by the respondent No. 1 Patiram, by which the learned Magistrate has taken cognizance against the petitioners for the offence punishable under sections 323/34, 294, 341, 336 and 506B of IPC along with section 3 (1) (x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the Act).

(2.) ALTHOUGH Shri Kamthan has impugned the order as a whole, yet at the very outset he has submitted that, for the present, he is assailing the part of the order by which cognizance for the offence punishable under section 3 (1) (x) of the Act has been taken. With regard to the aforementioned offence, the relevant allegations appear in para 5 of the complaint, which goes as under :

(3.) AS provided by section 3 (1) (x) of the Act -