RAJNEESH KUMAR SONI Vs. STATE OF M.P.

JUDGEMENT

(1.) This criminal revision has been filed under Sec. 397/401 of Cr.P.C. against the order dtd. 03/09/2013 passed by Special Judge, SC/ST (Prevention of Atrocities) Act, Satna, District Satana in Special Case No.61/2012, whereby learned Special Judge framed charge against applicant/accused Rajnish Kumar Soni @ Mantu for the offences punishable under Ss. 374, 294. 506 (Part II) of the IPC and Sec. 3(1)(vi) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) Brief facts of the case which are relevant to the disposal of this revision are that on 15/06/2011 complainant Ashok Dhurve lodge FIR at Police Station Baraundha District Satna averring that the coaccused Abdul Rashid contractor and applicant Rajnish Kumar Soni @ Mantu manager of the company Vikas Business India Private Limited took him and other 59 people from their village for Tandupanta collection as labourers. They made complainant and other 59 workers work as bonded labour from 08/05/2011 to 09/05/2011 and did not give wages to them. Whenever they demanded wages from them, they used to force them to work against their will without any wages and made them work as bonded labour. On 04/06/2011, when co-accused Abdul Rashid came to Satna from Bilaspur, he and other 59 workers went to Satna to meet him. When they demanded their wages from Abdul Rashid, he abused him with respect to his caste and also abused other labours. He also threatened not to pay any wages and to get them killed if they did not go. When they requested the applicant, he also abused them. On that Police registered Crime No.60/2011 for the offences punishable under Sec. 374, 294.506 (Part II) of the IPC and Sec.

(3.) (1-vi) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 against applicant Rajnish Kumar and coaccused Abdul Rashid and investigated the matter. Investigation was conducted by SDOP Baraundha. During investigation he recorded the case diary statement of complainant Ashok Dhurve and other prosecution witnesses and also seized documents (Temporary Naukar Nama) of complainant. He also arrested the applicant. The other coaccused Abdul Rashid was not found, so he filed charge-sheet after the investigation against applicant and co-accused Abdul Rashid in his absence before Judicial Magistrate, First Class Satna. Learned JMFC committed the case to the special Judge, Satana. On that Special Case Number, 61/2012 was registered. 3. Meanwhile, applicant lodge the complaint against Rambabu Yadav, Station House Officer, Police Station, Baraundha to the effect that he demanded bribe from the applicant and when he denied to give him bribe he assaulted him and registered a false criminal case against him. So, on the direction of Inspector General of Police Rewa Zone, Rajesh Pandey the then S.P. AJK, Rewa Range conducted further investigation of the crime. During investigation, he recorded the statements of witness and also collected the documents and after investigation he filed closure report before Special Judge Satana mentioning that from the evidence it appeared that applicant did not pay wages to the complainant and other labours within time so offence against him is made out only under Payment of Wages Act and Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979. In this regard, the labour department has already filed charge-sheet against them before CJM Satana. No offence under Sec. 374, 294. 506 (Part II) of the IPC and Sec. 3(1)(vi) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 is made out against the applicant and coaccused Abdul Rashid. Rambabu Yadav, the then Station House Officer, Police Station, Baraundha wrongly registered the case against the applicant and co-accused Abdul Rashid and prayed for the closure of the case.