NAJURAM Vs. STATE OF RAJASTHAN & ORS.

JUDGEMENT

(1.) Heard.

(2.) The instant revision petition has been preferred by the petitioner challenging the order dated 4.2.2009 passed by learned Special Judge, SC/ST Act Cases, Pratapgarh in Sessions Case No. 57/2007 whereby the respondents have been discharged of the offences under Sections 342 and 323/34 I.P.C. and Sec. 3(1)(x) of the SC/ST Act.

(3.) Succinctly stated the facts of the case are that the petitioner/complainant submitted a complaint on 28.1.1999 in the Court of learned Judicial Magistrate, Pratapgarh for the aforesaid offences with the allegations that on 26.1.2009 at about 8 to 8:30 PM, the complainant was sitting in the house of one Vinit Kumar Sharma located on Barawarda road. At that time, Narayan Gujar Roop Chand Tak and Suresh Tak were also sitting with him. It was stated in the complaint that the respondents who are police officials entered into the house of Vinit Kumar and started hurling caste based abuses to the complainant and exhorted that the complainant would be taken to the Police Station and beaten up. It s alleged that the complainant was dragged out from the house and his companions were also taken to the Police Station after boarding them into the police jeep. It was further stated that the accused persons assaulted the complainant by slaps while being taken to the Police Station and after being lodged at the Police Station, the complainant as well as his companions were all assaulted by the accused persons while in custody. It was further stated in the complaint that the complainant and his companions were kept at the Police Station in the night and at about 3-3:30 PM in the afternoon, they were presented before the SDM after concocting a case of breach of peace. It was further submitted that the assault was made upon the complainant because he was supporting the Congress party whereas accused Narwar Singh had asked him to canvass in the elections on behalf of the opposite party. On this complaint, the proceedings under Sections 200/202 Crimial P.C. were initiated. The statements of the complainant and his witnesses were recorded and thereafter, the learned Magistrate vide order impugned took cognizance against the respondents No. 2 to 4 for the offences stated above and the case was committed to the Court of learned Special Judge, SC/ST Act Cases, Pratapgarh. The learned Special Judge after hearing the arguments on charge, came to the conclusion that the respondents were the police officers posted at the Police Station Dhamotar at the relevant time. An information was received at P.S. Dhamotar on 26.1.1999 regarding the activities of breach of peace committed at Hanuman Chauraha, Barawarda road. The S.H.O. Narvar Singh and his companions reached the scene of occurrence and arrested the complainant and his companions and produced them before the S.D.M., Pratapgarh. These persons were released on bail on the next day. The learned trial Judge held that since the complainant and his companions were arrested by the police persons in the discharge of their official duties in relation to the duties of maintenance of law and order, the requirement of mandatory sanction being procured before prosecuting such police officers was not followed. Accordingly, the learned Special Judge proceeded to discharge the respondents from the aforesaid offences. The said order has been assailed in the instant revision petition.