ASHA RAM Vs. STATE OF RAJASTHAN AND ANR.

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as learned Public Prosecutor for the State and perused the order impugned.

(2.) The instant Misc. Petition has been filed by the petitioner challenging the order dated 27.4.2009, passed by the learned Judicial Magistrate No. 2 Sujangarh, Distt. Churu whereby the learned Magistrate took cognizance against the petitioner for the offences under Sections 341 and 323 of the Indian Penal Code and Sec. 3(1)(X) of the SC/ST (Prevention of the Atrocities) Act in relation to the F.I.R. No. 52/2005 registered at Police Station Chhapar Distt. Churu.

(3.) Succinctly staled the facts of the case are that the respondent No. 2 filed a complaint in the Court of learned Judicial Magistrate No. 2 Sujangarh stating inter alia that the petitioner was in-charge of the famine relief work being undertaken in his village. He alleged on 26.5.2005 he went to the place where the famine relief work was being conducted and requested the accused for taking him on the famine relief muster roll, on which, the accused abused him and also assaulted him. The complaint was forwarded to the Police Station Chhapar for investigation and F.I.R. 52/2005 was registered and investigation commenced.