LAWS(RAJ)-2012-1-172

CHANDRAWATI Vs. STATE OF RAJASTHAN AND ORS

Decided On January 04, 2012
CHANDRAWATI Appellant
V/S
State Of Rajasthan And Ors Respondents

JUDGEMENT

(1.) This petition has been filed challenging the order dated 17.11.2011 issued by the District Superintendent of Police, Dholpur whereby the son of the petitioner, namely Mahesh has been described as a 'dacoit' and a reward of Rs.2,000/- has been announced for any person assisting in his arrest.

(2.) Counsel for the petitioner submits that the order dated 17.11.2011 is absolutely erroneous and vitiated by complete non-application of mind in view of the fact that out of 18 criminal cases detailed in the order, the petitioner's son has been acquitted in 16 cases. He submits that presently the petitioner's son is an accused only in two criminal cases being FIR Nos.307/2011 and 315/2011 both for the minor offences such as under Sections 323, 341, 447, 452, 506 IPC and under Section 3(5)(10)(15) of Prevention of Atrocities (SC/ST) Act, registered at Police Station Baseri while which are not scheduled offences under the Rajasthan Dacoity Affected Areas, Act 1986. Counsel submits that the order dated 17.11.2011 is a complete misuse of power and the intention is only to harass and humiliate the petitioner's son by wrongly describing him as a 'dacoit' and thereafter to arrest him in false cases and eliminate him like his brother Ram Babu. It is submitted that Ram Babu was eliminated by the Police while in their custody and SBCWP No.5460/2005 in that regard is pending before this Court. In these circumstances, it has bee prayed that the order dated 17.11.2011 be set aside.

(3.) I have heard the counsel for the petitioner and perused the writ petition.