DALPAT SINGH AND ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In this revision petition filed under Sec. 397 read with Sec. 401 Crimial P.C., the petitioners have prayed for quashing the order dated 21.7.2011 passed by Special Judge SC/ST (Prevention of Atrocities Cases), Balotra whereby learned trial Judge amend/alter the charge and framed charge for offence under Sec. 3(2)(v) of SC/ST (Prevention of Atrocities) Act in addition to offence under Sec. 327 I.P.C.

(2.) Learned counsel for the petitioner submits that on 6.4.2010, after hearing arguments for framing charge, the trial Judge framed charges for offence under Sections 327 and 341 I.P.C. and 3(1)(x) of SC/ST (Prevention of Atrocities) Act. After framing aforesaid charges, the trial Court proceeded to record prosecution evidence and statement of petitioner was recorded under Sec. 313 Crimial P.C. and arguments of both the parties were heard and case was fixed for pronouncement of judgment. Before pronouncement of judgment, Public Prosecutor filed an application on 19.7.2011 stating therein that due to.mistake charge under Sec. 3(2)(v) of SC/ST (Prevention of Atrocities) Act has not been framed in which the sentence upto 10 years is provided, therefore, charge under Sec. 3(2)(v) of SC/ST (Prevention of Atrocities) Act may also be framed and case may be decided accordingly.

(3.) The petitioner filed reply to the application in which it is stated that on the basis of evidence available on record, arguments were heard and charge was framed and at that time prima facie it was found that no offence under Sec. 3(2)(v) of SC/ST (Prevention of Atrocities) Act is made out, therefore, the above charge was not framed.and now the said order cannot be reviewed because the order dated 6.4.2010 framing charge has not been challenged by the complainant or the prosecution.