SARDARI LAL Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal under Sec. 14-A (1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'Act of 1989) has been preferred claiming the following reliefs: -

(2.) Brief facts of the case, as placed before this Court by the learned counsel for the appellant, are that the appellant filed a complaint against the private respondents before the learned Additional Chief Judicial Magistrate, Banswara on 6/7/2011, alleging therein that the appellant was having agricultural lands in Khasra nos. 1487/992, 1489/992, and 1490/992 in Sundanpur village, Dist. Banswara and accused/respondents no. 2 to 7- trespassed on the said lands of the appellant on 3/7/2011, and that they hurled caste-based abuses against the appellant's mother and sister. And that the accused-respondents no. 2 to 7 forcefully dispossessed the appellant from his lands. Upon receipt of such complaint, the learned Magistrate forwarded the same under Sec. 156(3) Cr.P.C., to Police Station Sadar, Banswara, and directed the police to conduct the necessary investigation.

(3.) Learned counsel for the appellant submitted that the impugned order passed by the learned revisional court is unsustainable in the eye of law, as it runs contrary to the law and against the very object behind enactment of the Act of 1989, as a special legislation.