R.K.RICCHARIYA Vs. TULSI PRAJAPTI

JUDGEMENT

(1.) This criminal revision has been filed by the applicant under Section 397 read with Section 401 of Cr.P.C. against the order dated 3.11.2017 passed in Criminal Revision No.166/2013 by the 6 t h Additional Sessions Judge, Rewa whereby the learned Revisionary Court has reversed the order dated 22.4.2013 passed by the Judicial Magistrate First Class, Sirmour wherein the complaint filed by respondent No.1-Tulsi Prajapati has been dismissed.

(2.) In brief the facts of the case are that a private complaint under Section 200 of Cr.P.C. was filed by respondent No.1-Tulsi Prajapati against the applicant as also the respondent No.2 under Sections 294, 323, 384, 392 of IPC and Section 3(1)(x) of SC/ST (Prevention of Atrocities) Act, 1989 as well as under Sections 7, 8, 9 and 13 of Prevention of Corruption Act, 1988. In the aforesaid complaint it is alleged that on 2.4.2011 an incident took place when complainant Tulsi Prajapati was going at around 10 O'clock to the Civil Court, Sirmour, at that time one Pintu Nat stopped his motorcycle and snatched his mobile and ran away from the spot. A complaint was made to this effect at Police Station Sirmour and the SHO of the Police Station R.K.Riccharia, present applicant herein sent police force and summoned accused Pintu Nat to the Police Station from whose possession the complainant's mobile was recovered and was handed over to the complainant, but without any reason SHO R.K.Riccharia started abusing him and also put him behind the bars in the Police Station. He also made aspersions against his caste, assaulted him and demanded a sum of Rs.5,000/- from him. After the incident, the respondent No.1/complainant also tried to lodge an FIR against the applicant, and as no action was taken against him being the policeman, a private complaint under Section 200 of Cr.P.C. was filed by him in the Court of JMFC, Sirmour.

(3.) After recording the statements of the complainant and another witness and appreciating the evidence on record, the learned JMFC Sirmour vide its order dated 22.4.2013 has refused to take cognizance of the offence and dismissed the said complaint.